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the fact that the right to recover the same substances belongs to the mineral interest owner . However , a closer analysis of the rights associated with mineral ownership makes it clear that the rights associated with the mineral estate are limited to rights regarding physical molecules of the mineral substances that are naturally occurring on or under the subject property ( e . g ., “ native gas ”) and , in most cases , do not extend to the subsurface geological structures which encase such mineral substances .
The owner of real property generally holds its interest in fee simple absolute unless otherwise provided by either the terms of conveyance or a reservation of rights . 73 A separate and distinct mineral estate is not recognized until the real property interest owner has severed or reserved the mineral estate from the remainder of the real property estate . 74 Consequently , in instances where no severance has occurred , the right to inject gaseous substances remains with the landowner . Depending on the jurisdiction , once severed , the mineral estate owner is recognized to hold either an ownership interest in the physical molecules of the mineral substances ( e . g ., oil , gas , salt , etc .) in place under the given property or an easement-like right that gives the owner the right to access the surface ( and subsurface ) of the subject property to recover and produce such minerals from the given property . However , the ownership interest associated with the mineral estate does not extend to the ownership of geological structures beneath the surface , unless expressly provided by the language of the conveyance . 75 As many practitioners know , the mineral estate has been recognized as the dominant estate and inherently includes the right to use the surface of the given tract of land as is reasonably necessary to develop the mineral estate of that tract . However , there is a distinction between accessing the surface estate for extraction of the minerals and possessing subsurface geological structures through the injection of foreign gas from outside the property for storage and / or enhanced recovery purposes . Thus , in many situations , someone who seeks to inject substances ( like CO 2 for EOR purposes ) will need to obtain rights to both the mineral and surface estate .
The most common severance of the mineral estate from the full fee simple interest occurs in the form of a mineral deed . Typically , the mineral deed conveys all right , title , and interest , in and to the oil , gas , and other minerals in on and under the subject tract to the applicable grantee . However , in other instances , the severance of the estates may derive from an owner who reserves the mineral estate and conveys the surface estate ( or portions thereof ). In either instance , it is important to appreciate that the mineral and surface estates ( or por-
73 . Durrant , supra note 72 , at 7 . 74 . Springer Ranch , Ltd . v . Jones , 421 S . W . 3d 273 , 282 ( Tex . App .— San Antonio 2013 , no pet .); see Moser v . U . S . Steel Corp ., 676 S . W . 2d 99 , 101 ( Tex . 1984 ). 75 . Humble Oil & Ref . Co . v . West , 508 S . W . 2d 812 , 815 ( Tex . 1974 ) ( citing Emeny v . United
States , 412 F . 2d 1319 , 1323 ( Ct . Cl . 1969 )).