Surface Ownership

Your ranch isn’t safe just because you own the surface.

The hard truth: the mineral estate is legally dominant to the surface estate. This means, without adequate protection in the lease, operators can move in, tear up roads, dump waste, and block your cattle—all without your permission.

I wrote this because I’ve seen too many landowners blindsided. They don’t know what the lease allows. They don’t know what the operator can really do. And by the time they call a lawyer, the damage is done.

Here’s what to know before the damage occurs:

Surface use is limited.

Mineral rights usually dominate.

You can negotiate protection clauses.

You can ask for surface damages.

You can require restoration of land.

You can restrict location of roads and tanks.

You can block access to sensitive areas.

You can demand notice before entry.

You can define acceptable drilling methods.

You can request fencing or rerouting.

You can limit noise, lights, and traffic.

You can demand indemnity for accidents.

You can include arbitration or venue clauses.

You can record a surface use agreement.

You can’t afford to sign without legal review.

The best fights are the ones you never have to fight—because you planned ahead.