Selling Land in Texas for Future Highways: What You Need to Know
B. Moss Get Cash Offer Now When government agencies or transportation authorities plan highway expansions, some private lands are earmarked for acquisition. If you own
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Selling land in Texas that contains an oil well comes with specific legal, financial, and environmental considerations. Unlike selling a typical piece of property, this process involves navigating mineral rights, lease agreements, and surface use regulations. Understanding these factors will help you make informed decisions and attract serious buyers.
In Texas, property ownership is divided into two distinct categories:
In many cases, mineral rights and surface rights are separately owned, meaning you could own the land but not the minerals beneath it. If someone else owns the mineral rights, they have the legal authority to extract resources, which may affect how the property is used or developed.
Before selling, determine whether you own both surface and mineral rights. If the mineral rights are owned by another party, they may have the ability to access the property for drilling, which can affect the buyer’s interest and the land’s value.
If an oil company has a lease agreement in place, the new buyer will inherit its terms. These agreements typically outline royalty payments, drilling permissions, and access rights. A buyer will want to review the lease details before purchasing the property.
If mineral rights are owned by another entity, consider negotiating a Surface Use Agreement (SUA) before selling. This agreement specifies how oil companies can operate on the land while minimizing disruption to the surface owner.
Oil wells come with environmental responsibilities. If the well is still in use, it must comply with state and federal regulations. If it’s inactive, it may need to be properly sealed before selling. Addressing any liability concerns in advance can improve the property’s marketability.
The value of land with an oil well varies based on oil prices, demand for drilling, and investor interest. Some buyers see an active well as a financial opportunity, while others may worry about operational disruptions.
Selling land with an oil well is complex. Work with real estate agents, attorneys, and industry professionals who specialize in oil-producing properties to ensure a smooth transaction.
Transparency is essential. Share all details about existing leases, production history, and any legal obligations. Buyers need to understand exactly what they are purchasing.
Discuss aspects such as royalty rights, operational responsibilities, and land use limitations to reach an agreement that benefits both parties.
✔ Know Your Rights – Understanding surface and mineral rights is crucial before selling.
✔ Check Existing Leases – Active agreements with oil companies transfer to the new owner.
✔ Ensure Legal Compliance – Your property must meet environmental and regulatory requirements.
✔ Market Conditions Matter – Oil price trends and demand impact property value.
✔ Seek Professional Guidance – Experienced real estate and legal experts can help navigate complexities.
Yes. In Texas, it is common for landowners to sell the surface rights while retaining mineral rights. This allows you to continue receiving royalties while transferring ownership of the land itself.
If someone else owns the mineral rights, they can legally access your land for drilling. While they must compensate for damages, you cannot prevent drilling activity if the mineral estate holder has legal rights.
It depends. A productive oil well may attract investors, while surface disruption and environmental concerns could deter some buyers. The terms of any lease agreements also play a key role.
Yes. Full disclosure is required. Buyers must be informed about lease agreements, production history, environmental liabilities, and any ongoing obligations.
An SUA outlines how an oil company can operate on your land while ensuring minimal disruption. While not mandatory, having an SUA can provide clarity and protect the landowner’s interests.
Selling Texas land with an active oil well requires a strategic approach. Whether you own the surface rights, mineral rights, or both, it’s important to understand legal obligations, lease agreements, and market conditions. By working with experienced professionals and ensuring full transparency, you can navigate the process smoothly and secure the best possible outcome.
Our process is simple and easy. Just fill out our online form or give us a call. We will then schedule a time to view your property and make you an offer.
The value of your land will depend on a number of factors such as its size, location, and condition. We will take careful consideration taking into account the market, location and features to provide a fair offer.
The value of your land will depend on a number of factors such as its size, location, and condition. We will take careful consideration taking into account the market, location and features to provide a fair offer. We can typically close on a deal within 30 days of receiving your signed contract.
No worries. We are in the business of solving problems. We have worked with this issue on several occasions. Give us a call and we will work closely with you to fill in the appropriate documents to legally sell.
Not an issue. There is still value in your land. We will make you an offer and you will still leave the closing table with funds in your pocket.
This is not a concern. A deed is a legally recorded document. As long as the property was properly purchased, we can acquire a copy of the deed in the county records.
A title search is a process of investigating the ownership history of a property to identify any potential title defects. A title search is important to ensure that the seller has a clear title to the property and can legally sell the land.
You will only leave the closing table with payment for your property. You will not pay for a survey (if one is required) and you will not be responsible for closing costs, which typically is required in a standard sale. We have you covered.
No, you have the option for an in person closing or a remote closing. You can come in person to the title office to sign the deed and receive payment directly or you can handle the closing remotely in which you will travel to a certified notary to sign necessary documents.
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