pjc-oil-and-gas-2022-lib

I MPROPER U SE OF R EAL P ROPERTY

PJC 302.1

PJC 302.1

Injury to Real Property from Oil and Gas Operations (Comment)

Disputes involving injury to real property in connection with oil and gas operations may arise from lease provisions, excessive or negligent use of the surface by the min eral estate owner, nuisance, trespass, or breach of statutory duty. See Patrick H. Martin & Bruce M. Kramer, 1 Williams & Meyers, Oil and Gas Law § 218.10 (2014). Gener ally, the mineral owner has the right to enter the surface estate and use as much of the surface as is reasonably necessary to remove the minerals without compensating the surface owner. Moser v. U.S. Steel Corp. , 676 S.W.2d 99 (Tex. 1984); Humble Oil & Refining Co. v. Williams , 420 S.W.2d 133, 134 (Tex. 1967). This general rule of reasonable use of the surface without compensation has been extended to surface rights, including water, conveyed separately from the remainder of the surface estate. See Coyote Lake Ranch, LLC v. City of Lubbock , 498 S.W.3d 53, 64 (Tex. 2016). For an exception to the general rule that surface owners need not be com pensated for reasonable and necessary use, see Moser , 676 S.W.2d at 103. Breach of lease and breach of implied duties are treated in chapter 303 of this vol ume. Other disputes asserting damage to real property, if supported by the facts, can include unreasonable use, failure to accommodate, trespass, nuisance, or negligence. See PJC 302.2–302.4 for questions on unreasonable use, failure to accommodate, and trespass. For questions on injuries to persons and for questions and instructions on nuisance, see the current edition of State Bar of Texas, Texas Pattern Jury Charges—General Negligence, Intentional Personal Torts & Workers’ Compensation ch. 12.

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