Article provided by: Tracker Services LLC
Land ROW services in Texas are critical to mineral extraction. As the oil, gas, and resource boom continues, landowners increasingly understand the need to protect their surface assets. Tracker Services LLC helps extraction firms and landowners come to a reasonable agreement for the extraction of minerals.
What is a right of way?
Access to subsurface rights does not guarantee anything more than reasonable access to your deposits. Everything is negotiated during a lease or in the formation of a contract.
Exploration and extraction are invasive. Holes are drilled, heavy equipment is required, and companies need manpower to complete a project. Landowners understandably want to ensure that their land is as unaffected as possible.
To this end, lawyers negotiate pathways to access. Landowners grant access using explicit criteria. The resulting routes are known as rights of way. Everything from drill placement to pipeline placement requires rights of way.
Are there implied restrictions to mineral access?
There are implied restrictions on access as well. While subsurface rights in Texas extend to valuable minerals, groundwater is considered a surface asset. Since surface and subsurface rights are separated by state law, it is necessary to avoid impeding access to the landowner’s property.
There is also an implied barrier to access. Extraction companies cannot use anything beyond what is reasonably necessary for the acquisition of assets. While landowners tend to find trouble in surmounting the burden of proof, severely restricting access to land is not allowed.
The weight of negotiation and law add complexity to the extraction process. Angles are altered, access routes may circumnavigate major thoroughfares, and multiple points of entry may be necessary.
What are common restrictions to mineral access?
Mineral rights owners typically have access to the surface land required to extract deposits. However, there may be limited through negotiation with the original owner. This becomes more complicated if the rights of a different owner are included.
Restrictions extend to previous contracts. Firms need to thoroughly examine titles and leases before making any decision. Otherwise, a complex and lengthy legal battle may be the result.
Why should I use a professional in negotiating rights of way?
Negotiation defines the placement of wells, use of roads, and how the workforce is distributed across a parcel. If not using an experienced landman, this can create an insurmountable barrier to access. It is always necessary to consider every detail in a lease or document.
Professionals also seek to leave each party in good standing. This makes the resolution of title defects and other issues easier while maintaining a good standing relationship between all parties. Extraction is more than a scientific process as all involved have expectations and needs.
Our experts understand how to gain access to minerals without risking profit. Our management team has over forty years of experience in the industry, ten with Tracker Services LLC. We bring our experience to every negotiation.
Mineral rights are complex. Merely possessing the title to a deposit is not enough to ensure profit. Land ROW services in Texas ensure ease of access. Get in touch today to find out how we can help.Land Row Services Texas
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