Do
Mineral Rights Always Transfer?
Whether any
mineral rights transfer with a property depends on what rights the current
seller owns. Let’s dig a little deeper. In the beginning of time (or for the
sake of this article, let’s say 300 years ago), a piece of land included all
rights to the property along with the right to do what you wanted with it.
But in time,
some property rights may have been given away, taken away, or sold. A
property owner can transfer all or part of their property rights by deed,
lease, easement, mortgage, or will. Someone who owned your piece of land 100
years ago could have done any of those with the mineral rights. You may own a
huge piece of land and have no right to the minerals that lie beneath it.
TREC
Residential Contract, Paragraph 2D
Using the
standard TREC residential contract, the mineral rights owned by the seller
transfer with the property per paragraph 2D. But only the mineral
rights owned by the seller will transfer to the buyer. An owner can’t
sell you rights that they don’t have. If the seller wants to retain any of
the mineral rights, an addendum must be included.
The mineral
rights addendum specifically states: “A full examination of the title to the
Property completed by an attorney with expertise in this area is the only
proper means for determining title to the Mineral Estate with certainty …”
Even though
the surface rights may convey to the buyer, the subsurface mineral rights like
gas, oil and other mineral rights that may not necessarily transfer. Surface
rights that transfer can include natural resources such as plants, water and
other resources. Details on ownership of those need expert legal advice as
well.
How Do
You Get The Mineral Rights?
If you
really want to who owns the mineral rights for a property, hire an abstract
company. Or you can try the do-it-yourself method by researching the property
records at your county clerk’s office. It is often necessary to trace records
back through several transactions to determine where they may have initially
been sold and then whether those rights were then sold to someone else.
In Texas,
mineral rights are transferred with a Mineral Deed. Occasionally,
mineral rights are not sold but are leased. A leasehold is a different scenario
that needs a real estate attorney’s guidance.
Laws
concerning mineral rights can be complicated. Just remember that property
ownership is completely separate from mineral rights ownership. Sorry folks,
but you have no rights to your land’s minerals if you don’t legally own the
rights.
The
opinions expressed are of the individual author for informational purposes only
and not for the purpose of providing legal advice. Contact an attorney to
obtain advice for any particular issue or problem
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