Property Ownership

Texas oil and gas mineral rights can be severed from the surface rights. When mineral rights are severed, the mineral rights owner:

ALoses access to the surface permanently
BRetains the right to access the surface to extract minerals, subject to accommodation✓ Correct
CMust compensate the surface owner for all activities
DCan only access minerals through directional drilling from neighboring land

Explanation

In Texas, when mineral and surface rights are severed, the mineral rights owner retains an implied right to use the surface as reasonably necessary to access and extract minerals, subject to the accommodation doctrine requiring consideration of surface use.

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