» I own the surface.  What can I do if an oil company is drilling a well on my property?

I own the surface. What can I do if an oil company is drilling a well on my property?

The mineral estate is generally dominant over the surface estate. That normally means that the mineral interest owner will be entitled to make reasonably necessary use of the surface. If the oil company uses more of the surface than is reasonably necessary to extract and produce the minerals and damages the surface or the operations on the surface, then you may be able to obtain damages from the oil company and obtain injunctive relief to prevent the oil company from taking certain actions on your property. Further, the “accommodation doctrine” may require the oil company to accommodate your existing uses of the surface.

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