Do you wish to know who owns the mineral rights in Texas, or are you the owner? If yes, you are not alone. Several individuals get the question ‘How to find who owns mineral rights in Texas” to determine the ownership value or for oil and gas development. After all, owning mineral rights can provide you substantial financial returns.
If you start searching for who owns mineral rights, it can be time-consuming, as you need to visit the county clerk’s office, the Texas Railroad Commission, and other platforms. In this informative piece, we will guide you on how to find mineral rights records in Texas. Who knows that you will be the next person to own mineral rights and earn significant returns! Let’s first know the mineral rights ownership.
Introduction to Mineral Rights Ownership
Mineral rights in Texas are the legal rights to explore and produce the minerals (oil, gas, coal) and the ownership of such rights is nothing but mineral rights ownership. In Texas, mineral rights ownership includes surface owners, mineral owners, oil and gas companies and any other parties.
Due to the involvement of more than one person, mineral rights ownership can be complicated. To understand the mineral rights ownership properly, you must go through each and every aspect, as it may impact land usage, streams of potential revenue and property value. There are four main types of mineral rights.
4 Main Types of Mineral Rights
Surface Rights
These rights grant the ownership of the surface only and not the minerals beneath it. With these rights, you can utilize the surface for other purposes, such as agriculture but you can not claim the minerals or do any mineral activity.
Mineral Interests
The subsurface minerals are yours. Leases, royalties, or shut-in fees—money paid when the well isn’t producing yet—can all be used to pay you. Gas royalties can give you substantial profits, particularly if you possess the legal know-how to manage the intricacies of land ownership and mineral rights.
Royalty Rights
You receive a portion of the oil or gas that is produced, but you do not own the land or the minerals.
Rights to Oil and Gas (Rule of Capture)
Gas and oil can travel underground between properties. Even if the oil or gas you extract from a well originates from a neighbor’s property, you still own it. Finding ownership records for oil and gas mineral rights is the most important factor for correct evaluation and possible financial gains.
Who Owns The Mineral Rights On Your Property?
Usually, when you sell land, the mineral rights go with it—unless the deed says otherwise. The chain of title shows over time who owned what.
Researching Mineral Rights
Researching mineral rights involves accessing databases and public records to determine mineral rights ownership. The county clerk’s office and online databases are primary sources for researching mineral rights records.
Mineral rights specialists can assist in the research process or you can also validate all the information through various portals. It helps you ensure accuracy. It’s possible that ownership of the mineral rights has changed over time. In such cases you need to research property records, deeds, and historical documents to avoid any further legal concerns.
Public Records and Mineral Rights Records
Public records, including property deeds and county records, are essential for researching mineral rights ownership. Property deeds, mineral deeds, and other records pertaining to the ownership of mineral rights are kept on file by the county clerk’s office.
Internet sources, such as Texas File and Mineral Holders, provide access to ownership information and mineral rights records. Mineral rights owners can search for records through online platforms or by contacting the county clerk’s office. The Texas General Land Office and Railroad Commission of Texas also provide information on mineral rights ownership and oil and gas leases.
Title Search and Due Diligence
In order to determine who owns mineral rights, a title search is a crucial first step, and careful and accurate investigation is required. To ascertain who owns mineral rights, a title search entails looking through historical documents, deeds, and property records. Because mineral management software gives users access to digital county records and ownership data, it can help with title searches.
Verifying information using a variety of sources, such as public documents, internet databases, and legal experts, is known as due diligence. Making educated decisions on property ownership and mineral rights requires accurate and current mineral rights ownership information, which is ensured by this.
Ways Mineral Rights Can Be Owned
Deed
A deed transfers mineral rights from one person to another—just like selling land. It is important to review the property deed and previous deed records (if any) to identify whether they include mineral conveyances or reservations, as a mineral conveyance indicates a transfer of mineral rights during the sale.
Lease
A lease gives a person or company permission to explore or drill on your land. In return, they pay you money.
Severance
Land and mineral rights can be split. One person can own the surface, and someone else can own the underground minerals. It is significant to properly review property deeds to determine if the previous owner retained the mineral rights.
Unfavorable Possession
Rarely, someone can obtain rights by continuously using resources or land without interference.
Agreement on Surface Use
An agreement about the usage of the property for mining or drilling might be reached between the mineral owner and the surface owner.
Royalties
A royalty deed lets the owner earn money when a company drills for oil or gas. The company does the work, and the royalty owner gets a share of the profit. In order to prevent unclaimed royalties, it is crucial to carefully manage the legal procedures and ownership rights. Oil and gas royalties might have substantial financial ramifications.
Mineral Estate
In Texas, mineral rights are called a mineral estate, which can be bought, leased or sold separately from the land.
Important Groups & Terms
Texas Railroad Commission
This group regulates oil and gas work in Texas. They give out permits and make sure the work is done safely.
Hydraulic Fracturing
Also called fracking, this method helps pull oil and gas from deep underground. It helps Texas earn money and use less foreign oil.
How to Search for Mineral Rights Records?
If you own mineral rights, you can earn money from them. But you will need to check the appropriate land ownership or who pays taxes.
- Contact a Title Company: A title company can look up land records for you. They’ll give you a report showing who owns the mineral rights.
- Hire a Landman: Landmen are experts in mineral rights research. They can dig deeper and find more detailed ownership information.
- Talk to the Texas Railroad Commission: This agency manages oil and gas in Texas. They might have useful info to help with what you have searched.
- Take help of Mineral Rights Lawyer: If things get confusing, a lawyer who knows mineral rights law can effectively provide guidance and explain your rights.
- Search Public Records: You can look through public records yourself. They often have details of mineral ownership.
- Read the Property Deed: The property deed may show if you own the mineral rights. It will say if the rights were included or kept by the seller.
- Visit the County Clerk’s Office: Go to the clerk’s office in the county where the land is. You’ll find records of leases, deeds, and mineral rights there.
Why Do We Search for Mineral Rights Records?
Know Who Can Lease or Sell
We search mineral records to see who can legally lease or sell the rights. It is obligatory to clearly identify the current owner of mineral rights to ensure proper verification and ownership understanding. Only the mineral owner can sign deals with oil companies.
Understand Ownership Value
Knowing who owns them helps with buying, selling, or investing in land. It is essential to comprehend the state of mineral rights, particularly in Texas, as it involves resources and ownership details that can majorly impact property decisions.
Promote Oil and Gas Initiatives
Oil companies need to know who owns the minerals before they drill. Since these projects entail navigating surface use agreements, county records, and the complexity of separated rights, it is imperative to comprehend who owns the mineral rights. This ensures the right people get paid royalties.
Avoid Legal Problems
Verifying records helps prevent legal ownership disputes. To guarantee appropriate administration and prevent disputes, it is essential to determine who the legitimate owners of mineral rights are. It shields all parties from expensive errors.
Help with Inheritance
Mineral records help heirs claim their share. This is important for estate planning and ownership transfer.
How Much does a Mineral Search Cost?
A mineral rights search can cost anywhere in Texas from $50 to $500 or sometimes can be more. It depends on the complexity. Here’s a simple breakdown:
- Basic Search (public records, deed lookups): $50–$150
- Professional Help (landmen or title companies): $200–$500+
- Lawyers or Experts: They may charge per hour, often $100–$300 per hour.
The cost depends on how detailed the search needs to be and how much research is required.
Final Words
You must have understood how to find who owns mineral rights in Texas now. At the initial stage, you will find it difficult to search for mineral rights, but with proper guidance and following the correct steps, you will get them easily. If you just want to know what is under your land, sell your land or lease it, knowing the land ownership is the paramount aspect. It will save you from legal issues and help you make smarter decisions.
With simple methods like taking help from experts, searching public records or looking for title companies, you will find the actual ownership effortlessly.