An operator wants access to your land. Here's what you can still control.
Even if you don't own the minerals beneath your property, Texas and Oklahoma law gives surface owners real leverage over how, where, and when an operator can access your land — but only if you use it before you sign a surface use agreement.
What you can negotiate — even without owning the minerals
In Texas and Oklahoma, mineral rights generally take priority over surface rights, meaning an operator with a valid lease usually has the legal right to access the surface to develop those minerals. But “right of access” isn't the same as “access on any terms.” You can typically negotiate where roads and well pads go, how your land is restored afterward, and what you're paid for the disruption.
Commonly negotiated terms:
- Location of wells, roads & pipelines
- Compensation for surface damages
- Timeline & duration of access
- Restoration requirements after operations end
- Water well & livestock protections
- Fencing & gate obligations
Common landman tactics with surface owners
Framing access as non-negotiable
Implying you have no choice or say in the matter, when the location, timing, and terms of access are often negotiable.
Lowball or one-time damage offers
A flat payment offered upfront that doesn't account for actual disruption, lost use of your land, or long-term impact.
Vague restoration language
A surface use agreement that doesn't specify how, or by when, your land will be restored once operations end.
Rushed signing before construction
Pressure to sign quickly once equipment is already staged nearby, using the appearance of momentum as leverage.
What we do for surface owners
Review your surface use agreement
Send us the agreement or proposal you've received. We break down the access, compensation, and restoration terms in plain language.
Get your talking points
We flag missing protections and give you specific language and questions to bring back to the operator.
Negotiate with confidence
You respond knowing what surface owners in your area typically get — and what to insist on before you sign.
Ready to understand your agreement?
Send us the surface use agreement or proposal you've received — most reviews start within a few minutes.