As everyone who lives here understands, fuel is one of the mainstays of the Texas economy.  However, fuel can be found in almost any place, and many times it’s found under the surface of land that’s owned by individuals.  When this situation arises, fuel companies will often execute a lease with the landowner to gain access to these minerals.  Unfortunately, this can lead to damage to the surface of the plot, and when it does those who have been harmed need to obtain the help of  Texas surface damages lawyers.  Below is a brief overview of this issue.

Mineral vs. Land Rights

Generally, the rights to access to minerals and the rights to the land over which these minerals sit are separate.  However, it’s often impossible to separate these two entities, as fuel companies need to access the minerals by way of wells, pumps and pipelines, and these need to be installed and managed from the surface.  This is the crux of many issues that arise – accessing these minerals can create damage to the land, which leads to disputes between the fuel companies and the landowner.

General Lease Provisions

Generally, lease agreements executed between the fuel company and the landowner will deal with this probability.  It’s common for a lease agreement that governs the extraction of fuel to have the fuel company pay for damages that are inflicted upon the land.  Unfortunately, these lease clauses are not always governed.  The fuel companies can claim that they are not responsible for the damage that’s been done, they can claim that they did what was necessary to make the repairs to the land or they can claim that repairing the land is not possible given underlying conditions that were discovered while they were extracting the minerals they desired.

Examples of Damages

Damage that can be done to the surface of the land can vary widely.  For instance, pipelines can destroy the land in a horizontal pattern and basically render that land useless.  Wells can destroy the layers of soil under the ground by making the entire plot unstable.  Environmental damage that’s done can be severe as well, and this form of damage can ruin water wells and expose residents to toxic substances that they ingest, sometimes without their knowledge until they become severely ill as a result.

How Texas Surface Damages Lawyers Can Help

If you own land that’s been leased to a fuel company and damage has been done to your surface, you need to be sure that your rights are protected.  This could involve simply enforcing the lease agreement properly or taking those fuel companies to court if necessary.  These steps should be taken with the help of Texas surface damages lawyers who have been holding fuel companies accountable for these types of damages for many years.  Contact Parker McDonald, P.C. today to schedule a free initial consultation.