In Midland County, the mineral estate often belongs to a different owner

In Texas, the land on top and the minerals below can be owned by two different people. The land is called the surface estate. The oil, gas, and other resources below are called the mineral estate. When these are split between different owners, it is called a split estate. This is very common in the Permian Basin.

When you buy property, check the deed to see if the mineral rights are included. If they are not, a different owner controls them.

If the minerals belong to someone else, an oil or gas company with a lease from that mineral owner can come onto your land without asking you. Texas law says the mineral estate is dominant. That means the operator can drill, build roads, and lay pipelines across your property.

The Railroad Commission of Texas oversees drilling. But it does not handle disputes over surface damage. For those issues, talk to a Texas oil and gas attorney.