Understanding Mineral Rights in Texas
Protecting Renewable Energy Projects from Below the Surface
Texas energy is changing but mineral rights still rule.
For more than a century, Texas has been synonymous with oil and gas. Now, it's also leading the nation in renewable energy production, with vast wind farms across the Panhandle and solar fields stretching through West and South Texas.
But even as turbines rise and panels shine, one constant remains: mineral rights law still shapes what happens on Texas land. And for wind or solar developers, what's beneath the surface can make or break what's built above it.
In Texas, land ownership can be divided into two parts - surface rights and mineral rights. Surface rights are the right to use the land for things like building, farming, or renewable energy development. Mineral rights are the right to explore for and produce subsurface minerals such as oil, gas, or salt.
When these two estates are severed, different parties may own each. And under Texas law, the mineral estate is dominant, meaning the mineral owner (or lessee) can use the surface as "reasonably necessary" to extract minerals.
That legal principle, known as the dominance of the mineral estate, creates unique risks for renewable projects. Even if a developer leases or purchases surface land, a mineral owner can still demand surface access or disrupt operations to reach their minerals.
Wind and solar projects depend on exclusive, predictable surface use. Turbines, panels, and transmission lines must remain undisturbed for decades. However, a mineral owner's right to drill wells or lay pipelines could interfere with those surface installations, sometimes forcing redesigns or delays.
Financing and Permitting Challenges
Lenders and regulators increasingly require proof that mineral rights conflicts are identified and mitigated before project approval. Without proper title analysis, projects can lose funding or face legal action.
Long-Term Operational Risks
Even if drilling doesn't occur immediately, future mineral development could still impact renewable operations. Understanding not only who owns the minerals but also the likelihood of future activity is critical.
Proper title research can help renewable energy companies understand and manage mineral rights conflicts early, before they become expensive setback.
Mineral Severance and Ownership
Title research should begin by tracing the chain of title, examining deeds, leases, and conveyances to identify mineral owners and determine whether any mineral interests have been severed. Even a small undivided share can create surface risks if not addressed.
Surface Waivers and Accommodation Agreements
To protect renewable installations, developers often negotiate surface waivers (which restrict surface use for drilling) or accommodation agreements (which balance both parties' rights). A title research expert can help determine where such agreements are needed and assist in securing them.
Active or Future Mineral Development
A recorded lease or nearby drilling activity can signal potential conflicts. Our research and mapping tools assess the likelihood of future mineral operations, enabling developers to adjust siting or negotiate protections before construction.
Pooled Units, Easements, and Rights-of-Way
We also identify pooled mineral units, pipeline corridors, and access easements that may interfere with turbine placement or solar arrays. Understanding these encumbrances early helps minimize costly design revisions.
Renewable Energy Success
Ignoring mineral rights is one of the most common and costly mistakes in Texas land development. A single overlooked mineral interest can stall permits, invalidate leases, or trigger litigation.
At Hollerbach & Associates, we don't just compile title documents, we interpret them, contextualize them, and turn them into actionable strategies. Because We Know Texas Better™, we can help bridge the gap in Texas' two energy eras.
Our team combines deep knowledge of Texas land law, energy operations, and historical title research to help you move forward confidently, balancing the rights of mineral owners with the needs of modern renewable infrastructure.
Contact Hollerbach & Associates to schedule a consultation or request a title review.
Let's ensure your client's project is secure, from the surface to the subsurface.