Mineral Rights
In Martin County, Someone Else May Own What's Under Your Land
In the Permian Basin, it is common for the surface of a property and the minerals below it to have different owners — and the mineral owner has strong legal rights.
Texas law treats land as two separate estates: the surface and the mineral estate below it. In oil-producing areas like Martin County, these are often owned by different people. This is called a split estate. The mineral owner can lease their rights to an oil company without asking the surface owner.
Under Texas law, the mineral estate is dominant. That means a company with a mineral lease can use your surface land to drill, build roads, and lay pipelines — without paying you for non-negligent damage. The Railroad Commission of Texas regulates oil and gas operations, but it does not settle disputes between surface owners and mineral owners. Before you buy land here, check the deed to see whether mineral rights are included. An attorney can help you understand what you are buying.
Source to confirm: Railroad Commission of Texas — Oil & Gas Exploration and Surface Ownership