Yes Shelly we do own the surface rights. As for the well is old it was here when we purchased the property so no we've never been paid anything. It was capped off years ago, long before we were here. If I'm not mistaken the mineral rights are probated just as any real property is when someone dies. But what if there was no will and what if like other property in Texas if there is no lien it just automatically goes to next of kin or do the mineral rights go back to the state of Texas. I wonder if there is a "found mineral" rights like there is for "found money" maybe through the Texas Comptrollers office. I'm sure we need to just call Ken Muckelroy (Attorney) in Center and ask him. I think the consult call is free. I tried last week but he hasn't gotten back to me yet.