{"id":3060,"date":"2016-04-11T01:03:14","date_gmt":"2016-04-11T06:03:14","guid":{"rendered":"http:\/\/agrilife.org\/texasaglaw\/?p=3060"},"modified":"2018-06-11T10:58:37","modified_gmt":"2018-06-11T15:58:37","slug":"questions-tiffanys-desk-oil-company-fence-around-well-protect-livestock","status":"publish","type":"post","link":"https:\/\/agrilife.org\/texasaglaw\/2016\/04\/11\/questions-tiffanys-desk-oil-company-fence-around-well-protect-livestock\/","title":{"rendered":"Questions from Tiffany’s Desk: Does an Oil Company Have to Fence Around Well To Protect Livestock?"},"content":{"rendered":"

Question:<\/strong> Does an oil and gas company who is drilling on ranch land have an obligation to put up a fence around the well to prevent livestock from being injured?<\/p>\n

\"Texas<\/a>

Texas A&M Agrilife Extension photo by Blair Fannin<\/p><\/div>\n

Answer:<\/strong> \u00a0Believe it or not, the answer is no. \u00a0Texas law is clear that an oil and gas company is under no legal obligation to fence around operations areas to protect a surface owner’s livestock. \u00a0This can (and should) be changed by terms in an oil and gas lease or surface use agreement.<\/p>\n

First, let’s consider the applicable Texas law. \u00a0In Texas, the mineral estate is dominate to the surface estate, meaning that a mineral owner or lessee has the implied right to use as much of the surface as is reasonably necessary to produce the minerals, without permission from or payment to the surface owner. \u00a0“In the absence of a lease provision to the contrary, the only duty owed by the operator of an oil lease to the owner or lessee of the surface, who is pasturing cattle, is not to injure such cattle intentionally, willfully, or wantonly. \u00a0There is no duty on the part of an operator to put fences around his operations.” \u00a0Santana Oil Co. v. Henderson<\/em>, 855 S.W.2d 888 (Tex. App. – El Paso 1993).<\/p>\n

Next, let’s take a look at several Texas cases addressing this issue:<\/p>\n