Oil Gas And Minerals Easements And Rights Of Way Forms
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FAQ
If the land is part of the state trust, contact New Mexico's State Land Office Mineral Program for more information at (505) 827-5750. It is perfectly legal and quite common to transfer mineral rights in New Mexico. Some landowners choose to retain some rights to the land but assign record title ownership to a miner.
In the United States, landowners possess both surface and mineral rights unless they choose to sell the mineral rights to someone else. Once mineral rights have been sold, the original owner retains only the rights to the land surface, while the second party may exploit the underground resources in any way they choose.
When mineral rights are owned by a third party, it may affect your use of the surface in the future. Surface rights are subservient to mineral rights, which means the owner of a mineral servitude will be able to access and use the surface to extract the minerals from underneath.
The most common way to invest in mineral interests in Texas is through a royalty interest in oil and gas leases. As a holder of a right to royalties in a mineral estate, like stock dividends, you will receive a portion of the revenues from the production in a stream of royalty payments.
Texas and some other oil-, gas- and coal-producing states have long allowed property owners to separate surface rights from rights to what lies underground (such as oil, gas, or minerals, known in the industry shorthand as OGM).
