Helotes, TX asked in Real Estate Law and Energy, Oil and Gas for Texas

Q: We need help knowing if we own mineral rights to property that we inherited recently. We are in the process of selling

I found the online paperwork for when my mom bought the property. There is language on there talking about the mineral rights but it is a bit confusing. I need help understanding what that says. I think that will help us know if we own the rights or not, but I know it can be tricky. Is there a way that I can copy and pasted the section that I need clarification on?

2 Lawyer Answers
Aimee Hess
PREMIUM
Aimee Hess
Answered
  • Energy, Oil & Gas Law Lawyer
  • Streetman, TX
  • Licensed in Texas

A: Whether or not you own the mineral rights depends not just on the language of your mother's deed, but by the history of the mineral ownership as shown in the county deed records. The only way to determine if your mother received mineral rights when she bought the property is to have a mineral title search done by an oil and gas attorney or a qualified land man. For example, your mother's deed may say it is conveying the mineral rights, but if an owner in the past conveyed those mineral rights to a third party, then your mother would not have received mineral rights with her deed, regardless of what the deed says. Sorry, but there's just no shortcut.

James Tack Jr , Tim Akpinar and Anthony M. Avery agree with this answer

James Tack Jr
James Tack Jr
Answered
  • Energy, Oil & Gas Law Lawyer
  • Oklahoma City, OK
  • Licensed in Texas

A: You cannot tell if you own any mineral rights without checking the entire title chain. However, the reservation in the deed may let you know that you do not own any mineral rights. For instance, if the deed says "All mineral rights are reserved to the grantor."

Tim Akpinar and Anthony M. Avery agree with this answer

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