Reimer v. Gulf Oil Corp.

Robert H. Dudley, Justice.

The issue in this case is whether the owner of oil and gas rights in one tract of land may use the surface of that tract to gain access to an adjacent tract to drill on the adjacent tract. We affirm the trial court and hold that the lease of mineral rights gives appellees the express right to cross appellant’s surface estate. Jurisdiction is in this Court by virtue of Rule 29(1 )(n) and (o).

In 1919 the mineral ownership was severed from the surface ownership of the first tract. In 1961 the appellees acquired the right to all oil, gas, sulphur and other minerals in…