Oil & Gas Surface Use Agreement Attorneys in Houston

At Hendershot Cowart P.C., our attorneys provide comprehensive legal services for oil and gas surface use agreements throughout Texas, balancing the rights of mineral estate holders with the protections needed by surface owners.

We focus on practical solutions that deliver real-world results for our clients. Our approach to surface use agreements and dispute resolution facilitates operations while protecting surface values, applying our technical understanding of energy production to create workable solutions.

Representing All Sides of Surface Use in Texas

We represent a diverse range of clients in the Texas energy sector, including:

• Independent and mid-sized oil and gas operators
• Energy companies expanding into new Texas regions
• Mineral rights holders seeking to maximize value
• Surface estate owners requiring protection from development impacts
• Private equity firms with energy assets requiring surface access
• Companies conducting due diligence on potential acquisitions
• Clients seeking preventative legal counsel before issues arise

Understanding Texas Surface Use Law

The Dominant Estate Principle

In Texas, the oil-and-gas estate is dominant over the surface estate, giving mineral owners and their lessees the implied right to reasonably use the surface for mineral exploration, development, and production without surface owner permission. However, this use must be reasonable, non-negligent, and in some cases must accommodate existing surface uses if a reasonable alternative exists (under the Accommodation Doctrine).

Since the mineral rights owner or lessee has the right to reasonably use the surface without restoring it or paying for any non-negligent damages it causes, many surface owners require a surface use agreement that either restricts use of the surface or sets damages for surface use. 

When Surface Use Agreements Are Needed

Surface use agreements, when put in place prior to drilling, serve to allow the owner of the land and the drilling company to reach an agreement on the adequate use and extent of damage that will occur to the land's surface during the process of drilling for minerals. They can also obligate the owner of the mineral estate or drilling company to a standard of reclamation including filling drill pits, reseeding, replenishment of livestock, erosion control, and other issues.

Surface use agreements become essential:

• Before drilling operations commence
• During real estate development planning near mineral operations
• When surface owners wish to protect specific land uses
• Prior to significant surface infrastructure investments
• When operating in environmentally sensitive or high-value surface areas
• To establish clear boundaries and prevent future disputes

Our Surface Use Agreement Services

Drafting & Negotiation

Our attorneys draft customized surface use agreements that help provide certainty regarding the potential impacts of oil and gas operations. 

Key provisions we address:

• Development plans and operational timelines
• Surface damages and compensation structures
• Water use, protection, and contamination prevention
• Land use compatibility issues
• Road and infrastructure development
• Equipment placement and removal
• Environmental safeguards specific to Texas regulations
• Reclamation obligations
• Noise abatement procedures
• Pipeline placement considerations
• Term limits and renewal provisions

With experience working with clients in the Permian Basin, Eagle Ford, and Barnett shale plays and the neighboring cities of Midland and Odessa, our attorneys understand the unique operational requirements across Texas regions with competing surface uses.

Surface Use Agreement Review and Negotiations

We provide detailed analysis of existing or proposed agreements, including:

• Identification of potential liability issues
• Compliance assessment with Texas regulations
• Risk evaluation and mitigation strategies
• Due diligence for acquisitions involving surface use rights
• Review of drill site plats and planned access roads
• Analysis of easement requirements
• Recommendations and negotiations to strengthen protections

Effective Dispute Resolution

When conflicts arise regarding surface use, our attorneys provide:

• Assessment of claims regarding negligent or excessive use or reclamation cases
• Representation in alternative dispute resolution, including mediation or arbitration
• Litigation when required to protect client interests
• Representation before the Railroad Commission of Texas 
• Negotiation of settlements that maintain business relationships
• Protection of operational continuity during disputes

Contact Our Surface Use Agreement Team of Attorneys

Contact us today to discuss how our experienced attorneys can help you navigate the complexities of Texas surface use agreements. 

Contact Hendershot Cowart P.C. at (713) 783-3110 to learn how we can help.