A Texas surface owner has what rights when mineral rights have been severed?
Question & Answer
Review the question and all answer choices
Complete control over the property
A is incorrect because severed mineral rights mean the surface owner does not have complete control over the property. Mineral owners retain significant rights that limit surface owner control, particularly regarding mineral extraction activities.
The right to reasonable use of the surface
No rights if minerals are being extracted
C is incorrect because surface owners retain rights even when minerals are being extracted. They may have recourse through legal action if extraction methods cause unreasonable damage or interference with surface use.
Equal rights with the mineral owner
D is incorrect because mineral rights and surface rights are not equal when severed. Mineral owners generally have dominant rights for extraction, while surface owners have subordinate rights to reasonable use.
Why is this correct?
B is correct because Texas law recognizes the 'reasonable use' doctrine, which grants surface owners the right to use their property reasonably, even when mineral rights have been severed. This right is balanced against the mineral owner's dominant rights for extraction.
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