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Issue

Surface damage disputes

When minerals are developed, the surface owner lives with the pads, roads, pipelines and pits. Damage disputes turn on who owned the surface and the minerals when, what the lease and any surface agreement say, and where the facilities actually are. A landman sets those facts out from the record.

What the record can show

  • When the minerals were severed, and what the severance deed said about use of the surface.
  • Surface terms in the lease: setbacks, notices and payments for damages.
  • Recorded surface use agreements, or memoranda of them.
  • Pipeline and road easements across the tract.
  • Well locations and dates from state records, and the surface ownership history from the deed records and the appraisal district.

Documents that matter

  • Severance deeds, leases, surface use agreements and easements.
  • State well permits with their location plats.
  • Appraisal district records for the surface.
  • Aerial photographs over time.
  • Any recorded release of damages.

How a landman's work helps

  • A timeline of ownership and development on the tract.
  • A map of facilities set against the grants and the lease's limits.
  • A list of payments and releases of record.
  • Exhibits for deposition and trial.

What to send

  • The county and state, and the tract.
  • The operator and the wells, roads or lines in question.
  • The lease and any surface agreement you have.
  • The parties, for a conflicts check.

We are landmen, not attorneys. This page describes the land record in general terms. It is not legal advice, and every matter turns on its own instruments.

Ask a landman about surface damages

Tell us the county and a line or two about the matter. A landman on our team reads it and answers by email.

Who reads it

A landman on our team. We read every request and answer by email.

What happens next

We check conflicts, then come back with who fits: a landman on our team, or a landman we know who works that county or that kind of dispute. How it works.

Rather write or call

hello@landman.expert
(307) 263-8515