Paper: The Changing Courts

The oil and gas estate is the dominant estate, and the oil and gas lessee has the right to use so much of the leased premises and in such manner as reasonably necessary to comply with the terms of the lease and to produce the oil and gas. A landowner who seeks to recover money damages from the lease operator for damages to the surface or injury to animals has the burden of proving either specific acts of negligence or that more of the land was used than was reasonably necessary. It is not ordinarily contemplated, however, that the utility of the surface for agricultural purposes will be destroyed or substantially impaired. Further, there will be an accommodation of the conflicting interests of the surface owner and the mineral owner in deciding what limitations will be imposed upon the use of the surface by the operator. These conflicting statements of the law determining the rights of user of the surface have been recently made by the Supreme Court of Texas in the appeal of one case. They are well calculated to confound and confuse the lease operators and their supervisory landmen, production foremen, geologists and engineers. They illustrate the changes lately being made in this field of oil and gas law so important to the economy and well-being of the oil and gas industry.