Selling mineral rights

Selling mineral right ,does that give up any surface right .any help would be appreciated    Thank you much .     Bob

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    bungalow_steve

    Yes, how else would the mineral owner get access to the minerals if he didn't use the surface? The mineral owner basically has a ROW to his minerals using the surface.

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      Rick

      Not true! depends read the paperwork and then ask a good O&R lawyer basically, But just to say YES I don't believe it.

      In my sell agreement I sold the UTICA only upper part! and it states no suface.

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        Zack Smith, Geologist/Appraiser

        It doesn't have to - when you sell, you can write whatever you want into the deeds/contract for sale. If the only thing the prospective buyer is concerned with is shale oil/gas, then they don't require surface access for development. And if the property is already in production, prohibition of surface access will not adversely affect value (assuming the well pad is not on your property). Discuss with your attorney and the real estate agent, any surface restrictions should be placed in your listing.

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