Originally Posted by ronocnikral
Minerals take precedence over surface. That is all you need to know. You CANNOT stop someone from obtaining the minerals.
It may depend on the state, but in Tx at least the wavier of surface rights does control, in Tx and Fl you can not get a home loan on a lot without a wavier of surface rights since few homes are sold with minerals. It should be noted that the mineral rights holders have been paid for the waiver in one way or another. As noted with directional drilling a waiver of surface rights does not prevent the minerals from being accessed. Now if you are talking strip mining its a different story.