Ag Law In The Field

Today, our topic is one of huge importance for Texas landowners and involves the rights of surface owners dealing with oil and gas production on their property.  Our guest is F. Parks Brown, an attorney with Uhl, Fitzsimons, Jewett & Burton, PLLC whose practice focuses on representing Texas land and mineral owners.   Parks has a degree in Philosophy from Washington & Lee University and a law degree from St. Mary's University.  He spent several years working as a petroleum landman in New Mexico, giving him some great experience on both sides of the issues he works on today.   We discuss the dominant estate rule in Texas, whereby if the mineral estate is dominant to the surface estate, granting the mineral owner or lessee the right to use as much of the surface estate as is reasonably necessary to produce oil and gas.  Importantly, this is an implied right, meaning that it applies to every property unless expressly deemed inapplicable by contract or agreement between the parties.  This right to use the