When it comes to owning land, it’s easy to assume that if you own the surface, you also own everything beneath it. But in oil and gas country, that’s not always the case. In fact, surface rights and mineral rights are often separated, and that can lead to confusion, frustration, and even legal battles.

At Fraction Royalty, we make it easy for mineral owners to get a fair offer and understand exactly what they own. Let’s walk through the key differences between surface and mineral rights, and why it matters for landowners.

Surface rights give you control of what’s above ground. Mineral rights let you own what’s below the surface.

If you have surface rights, you can build homes, grow crops, or raise livestock. You’re in charge of what happens on top of the land. But owning surface rights doesn’t automatically give you ownership of the oil, gas, or other minerals underground.

Mineral rights give someone the legal authority to explore, extract, and profit from the minerals beneath the surface. That can include oil, gas, coal, gold, or any other valuable substances in the ground.

In summary:

• Surface Rights: Control what happens on top of the land.

• Mineral Rights: Control what happens below the surface, including drilling and extraction.

If you’re not sure which rights you own, we offer free evaluations that can help you understand your position.

Pro Tip:  In Texas, it is extremely uncommon to own both the surface rights and the mineral rights.

“Severed” means the rights have been split apart. This happens more than most people realize.

It’s common for mineral rights to be sold or passed down separately from surface rights. This can create a situation where one person owns the land, but someone else has the right to drill on it. That’s legal—and pretty common in many states like Texas, Oklahoma, and North Dakota.

Severing can happen through:

• A previous sale or inheritance

• Government actions

• Land leases that reserve mineral rights to the seller

At Fraction Royalty, we specialize in buying small mineral rights interests, even if they’ve been severed from the surface. We’ll walk you through the process, no pressure, no closing costs.

If someone else owns the mineral rights under your land, they may legally access your surface to extract minerals. This is called the dominant estate rule—and it can be a surprise to surface owners.

Mineral owners (or oil and gas companies leasing from them) generally have the right to:

• Build access roads

• Set up drilling rigs

• Install pipelines

• Store equipment

However, they’re also typically required to minimize damages and compensate surface owners for any harm caused during drilling. These payments are called surface damages or surface use agreements.

You might be entitled to compensation if a company uses your land—even if you don’t own the mineral rights. Understanding these rules can help avoid conflict.

When mineral rights and surface rights are owned by different people, things can get complicated fast.

Common disputes include:

• Surface owners denying access to drilling crews

• Mineral owners demanding surface entry without proper notice

• Disagreements over compensation for surface damages

• Questions about who pays property taxes on what

Good communication and legal agreements help, but not everyone is prepared for these issues.

If you’re a mineral rights owner and want to avoid these kinds of disputes, selling mineral interests might be a smart move. We make it fast and easy, with offers in 24 hours and most deals closing in just 7 days.

If you’re not sure whether you own mineral rights, or you don’t know if they’ve been severed, you’re not alone. Most people don’t have clear documentation. That’s where we come in.

We offer free mineral rights evaluations so you can understand what you own and what it’s worth. No pressure, no obligation.

Here are some things to keep in mind:

• Mineral rights can be valuable, even in small amounts

• Surface rights do not protect you from drilling activity

• Selling mineral rights can simplify land ownership and prevent future conflict

• You may receive a one-time lump sum or ongoing royalty payments, depending on your situation

At Fraction Royalty, we help mineral owners make informed decisions. Whether you inherited a small interest or you’re not sure what you have, we’re here to help.

We specialize in small mineral rights deals that most buyers and brokers ignore. You’ll get:

• A cash offer in 24 hours

• Closing in as little as 7 days

• No closing costs

• Quick, friendly communication

It’s simple, straightforward, and hassle-free.

Ready to Receive an Offer for Mineral Rights?

If you’re ready to sell oil and gas royalties, or just want to know what your mineral rights are worth, we’re here to help. We’ll make the process fast, fair, and easy.

Fill out our quick contact form and get your personalized offer in 24 hours.

👉 Click here to request your free mineral rights evaluation