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The rule of capture creates an incentive for owners to drill as many wells as possible on their land so as to extract the groundwater, oil, or gas before their neighbors may capture it. Very dense drilling can result in dissipation of the pressure within an aquifer or oil and gas reservoir and therefore overdrafting of the aquifer or incomplete ...
These documents were used to sever property into mineral and surface rights, just like a split estate today. [ 2 ] In the 49 United States practicing British common law (the 50th, Louisiana , derived its law from French and Napoleonic Code ), a split estate is created when the original fee simple owner sells or otherwise loses ownership of the ...
When mineral rights have been severed from the surface rights (or property rights), it is referred to as a "split estate." In a split estate, the owner of the mineral rights has the right to develop those minerals, regardless of who owns the surface rights. This is because in United States law, mineral rights trump surface rights. [5]
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The Accommodation Doctrine provides that the owner of a mineral estate has specific rights, but must exercise these rights in so as not to unnecessarily interfere with the rights of the surface owner. [6] The first example of this legal theory is found in the 1971 Texas Supreme Court case involving Getty Oil, Getty Oil v. Jones. [7]
The Stock-Raising Homestead Act of 1916 provided settlers 640 acres (260 ha) of public land—a full section or its equivalent—for ranching purposes. Unlike the Homestead Act of 1862 or the Enlarged Homestead Act of 1909, land homesteaded under the 1916 act separated surface rights from subsurface rights, resulting in what later became known as split estates. [1]
The broad form deed is based on the premise of severing the surface and mineral rights of property. The precedence of this idea comes from English legal theory. [2] In this theory the King retained rights to various minerals on landowners estates for the purposes of maintaining the operations of the country and as such the King had authority to mine for those minerals. [2]
If the landowner owns everything beneath the ground on his property, he may convey to another party the rights to mineral deposits under the land and other things requiring excavation, such as easements for buried conduits or for water wells. However, such a conveyance requires the recipient to prevent any damage to the surface of the land ...