Frequently Asked Questions

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Surface rights are the ownership of the land above ground. Mineral rights are the right to mine for minerals under the ground.  

You can hire a landman to run the title for a detailed ownership.  You can also research land records at OKCountyRecords.com | County Clerk Public Land Records for Oklahoma 

No, but it is wise to hire a lawyer to review the oil and gas lease for language that needs to be deleted and language that needs to be added to protect the mineral owner.  A lawyer usually can negotiate more favorable terms for the mineral owner. 

 Yes, Oklahoma requires a judicial determination or probate for the title to be marketable.  Most oil and gas companies hold production revenues until the title is marketable which will require an order from the court.  

 You can hire a lawyer, or you can search Oklahoma Court records at OSCN Docket Search and  On Demand Court Records (odcr.com).

 You can hire a lawyer, or you can search the Oklahoma Corporation Commission records at  Oklahoma Corporation Commission.

 The Oklahoma Surface Damage Act (the “Act”) protects the surface owner. The Act guides interactions and negotiations between land surface owners and the oil companies and others with the mineral rights. The Act lays the groundwork for good faith negotiations to compensate surface owners for the damages caused to their land by drilling operations. It also specifies how the court will determine damages if the two sides cannot reach an agreement on their own. The Act specifies mineral owners should pay to surface owners the difference between the property’s fair market value before and after the drilling operations.