Sun’s Broadening of Implied Surface Rights: A Reversal of the Trend Toward Accommodation
Date
1973
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Texas Tech Law Review
Abstract
Mineral lessees have implied rights to access and use the surface estate in order to recover underground minerals. Discusses a recent Texas case which expanded the definition of implied surface rights and allowed an oil and gas company to use as much fresh water as needed for secondary recovery operations. The significance of this decision lies in its impact upon the scope of the oil lessee's implied rights and in its effect on the conservation of natural resources.
Description
Keywords
Implied surface rights, Accommodation, Oil and gas law, Mineral rights, Secondary recovery, Sun Oil Co. v. Whitaker
Citation
4 Tex. Tech L. Rev. 341