Oil & Gas Real Estate

Oil and gas law and mineral rights issues permeate the Texas real estate landscape. Having advised participants in the upstream oil and gas sector for more than 130 years, we are nationally recognized as one of the top practices in energy law. Our experience spans across the Barnett, Eagle Ford, and Permian shale plays.

Few states have the degree of mineral development and rights laws that we do in Texas. Because the mineral estate may be severed from the surface estate, due diligence is necessary to identify potentially conflicting interest holders acquiring or developing land. As demand for oil and gas expands into urban areas, the chances of mineral interests impacting urban developments has significantly increased. We understand the law and are attuned to technological advances which frequently permit mineral extraction while safeguarding the objectives of the surface developer.

Our attorneys regularly negotiate oil and gas leases on behalf of surface owners and operators. We are adept at negotiating surface use agreements that permit both the mineral interest and surface estate holders to maximize land use for both.

We also guide out-of-state lenders, investors, and developers engaged in real estate transactions in Texas. We analyze the mineral ownership and its impact on surface development, ensure title evaluation, and help resolve other title issues. We bring experience in zoning regulations and legal doctrines such as the accommodation doctrine to benefit of the developer. When an oil or gas lease terminates for failure to produce in paying quantities, we assist the surface owner in seeing that production equipment is removed and well property is plugged and abandoned.

Lenora DuBose
Lenora DuBose

Partner, Austin

Tiana DeLeo Dunn
Tiana DeLeo Dunn

Senior Counsel, Houston

Jesse S. Lotay
Jesse S. Lotay

Partner, Houston

David W. Parker
David W. Parker

Partner, Houston

  • Oil and gas leases
  • Mineral title and survey review
  • Title curative instruments
  • Leases, easements, and other site control documents
  • Membership interest purchase agreements
  • Permitting
  • Zoning impact analysis
  • Surface use agreements
  • Accommodation agreements
  • Non-disturbance agreements
  • Royalty agreements
  • Shared facilities agreements
  • Engineering, procurement, and construction contracts
  • Opinion letters
  • Tax, regulatory, and environmental advice