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Surface Estate

An Overview of Mineral Rights & the Mineral Rights Addendum

In certain areas in Texas, it is common for the mineral estate to be severed from the surface estate. Mineral estates in Texas are superior (known as “dominant”) to the rights of the surface estate. See Humble Oil & Refining Co. v. Williams, 420 S.W.2d 133 (Tex. 1967). Even absent an express agreement between the mineral estate owner and the surface…