Originally published by Lauren N. Randle.
The Fourth Court of Appeals recently held that surface owners control the matrix of the underlying earth; thus, a surface owner can give permission to drill through the subsurface to an adjacent lease. In Lightning Oil Co. v. Anadarko E&P Onshore, No. 04-14-00903-CV, 2014 Tex. App. Lexis 8673 (Aug. 19, 2015), Anadarko leased the mineral estate under the Chaparral Wildlife Management Area (CWMA), and entered into a Surface Use and Subsurface Easement Agreement (Agreement) with the adjacent surface estate owners.
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