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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.
Well the problem here is that if this is acreage then the oil company could drill on it and you would not have any input.I would check to see if it is leased currently.You can do this by talking to your county tax assessor to see who the mineral owner is and whether there is a lease on file.If the property is leased or producing there will be taxes due against it.
If it not leased and there are no wells you may decide to take your chances.Very few properties are sold these days with minerals intact.That is not uncommon to sell the surface and someone else retains the minerals.It is a deal breaker here only if you find it is leased,, then you may want to reconsider.If the contract included minerals then you would have right to cancel contract because the seller here doesn't own minerals.
So do some more research , your title company should also be able to help--if there is a mineral lease they will have records too.
I appreciate the chance to help you today.Thanks again.
You would be able to recoup against oil company for surface damages to your property.They can not damage the surface, if they do you can sue here.
Thats a fact issue, if they cut timber, made roads, etc all might fall under damages.
Reference to case law
Well it would include a house or barn.And you would have grounds to terminate the contract if the property description did not read surface only.You have legitimate concerns here.As you can see from the case this can get real ugly if they drill and have to make roads or frac the well.You may want to consider walking away. I would be concerned.Typically you want some small amount of minerals here even 10 % so you have some say in all this.