Replies to This Discussion

Permalink Reply by Aggie95 on September 8, 2016 at 4:39

I am certain that I own 100% of the minerals underneath my property. I own both the surface and minerals underneath. That was part of the agreement when I purchased the property. We included an addendum (Mineral Deed) to the contract that all mineral rights (100%) would be sold in addition to the purchase of the surface property. 

By the way...I'm not looking for any sort of payday because I would rather not have to deal with oil and gas companies. I just prefer to keep my land as it is and continue on with life. I just want to be prepared in case I am forced to deal with them. Honestly, I don't ever expect to be approached about leasing my minerals. Judging by the maps I've seen, it doesn't look like my property is in a good spot for production.

Permalink Reply by Skip Peel - Mineral Consultant on September 8, 2016 at 6:01

As I mentioned previously it matters not what your deed states if there are prior mineral reservations in the chain of title.  The seller transferred to you 100% of what he owned but he may have owned a half interest, a quarter interest or no interest.  Mineral reservations in land deeds became common in that part of east Texas early in the 20th. century.  Every sale of this land since that time could have included a mineral reservation. There is no certainty without a mineral title search.  Since the mineral estate takes precedence over the surface estate, if someone else owns the minerals they can execute a lease and the terms of the lease will largely control what an energy company can do on your surface.

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