Office Building of Kelsey & Hickey, PLLC

Choose A Lawyer You Can Trust

Whether you’re preparing legal documents or resolving a serious dispute, our attorneys offer the reliable and practical counsel you need to get results.

Over 50 Years Of Combined Experience

Kelsey & Hickey | Attorneys At Law

Schedule Your Consultation

Choose A Lawyer You Can Trust

Whether you’re preparing legal documents or resolving a serious dispute, our attorneys offer the reliable and practical counsel you need to get results.

Over 50 Years Of Combined Experience

Do you own the mineral rights under your land?

On Behalf of | Jan 24, 2025 | Gas And Mineral Law

Imagine discovering valuable resources beneath your Texas property. Exciting, right? But before you start dreaming of getting rich from it, you need to know if you own those mineral rights. In Texas, mineral rights can involve many challenges. It is also often separate from surface rights. Let’s dive into what this means for you as a landowner.

What are mineral rights in Texas?

Mineral rights in Texas refer to the ownership of underground resources, including oil and gas, coal, metals and gemstones. Texas law considers mineral rights as separate estates from surface rights. This means you can own the land without owning what’s underneath it.  Severance is a term that indicates that mineral rights can be bought and sold separately from surface rights.

How do you determine if you own the mineral rights?

To find out if you own the mineral rights to your property, you must:

  • Check your deed: Look for any reservations or exceptions regarding mineral rights
  • Conduct a title search: This will reveal any past severances of mineral rights
  • Review county records: These may show any mineral leases or sales

Remember, mineral rights can be complex. A thorough title search going back many years may be necessary to establish clear ownership.

What should you do if you’re unsure about your mineral rights?

Texas law surrounding mineral rights can be intricate. For example, the Rule of Capture allows owners to extract oil and gas under their land, even if it drains from neighboring properties. Understanding these nuances is necessary to protect your interests.

In conclusion, knowing whether you own the mineral rights to your Texas land is vital. It affects your property’s value and your potential for profit from underground resources. While this overview provides a starting point, each situation is unique. Seeking professional legal guidance can help you fully understand your rights and make informed decisions about your property.