Texas Partition Deed for Mineral / Royalty Interests

State:
Multi-State
Control #:
US-OG-054
Format:
Word; 
Rich Text
Instant download

Description

If parties, owning undivided interests in lands, desire to partition those interests so that each party owns the entire interest in a particular tract of land, this may be accomplished by a partition deed. This form addresses that situation.
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FAQ

Mineral rights can be divided by specific mineral commodities. For example, one company can own the mineral rights to coal, while another company owns the oil and gas rights. Consequently, it is important to know which minerals are included in a mineral deed. Some deeds specify that ?all minerals? are included.

After a death, assets like mineral rights often go through probate, which is a legal process to authenticate a will and distribute assets ing to it. If no will exists, probate helps determine how assets should be divided.

To determine mineral rights ownership in Texas, you can start by researching property records, deeds, and historical documents at the county clerk's office or online databases. Legal professionals specializing in mineral rights can also assist in this process.

Mineral rights deeds are not the same as royalty deeds. Royalty deeds do not allow for surface access, or for the initiation of the extraction and sale of minerals. A royalty owner will only benefit economically if the mineral owner decides to produce and sell the minerals.

Title to a mineral or royalty interest can be transferred via conveyance (deed) or death of the owner. In every case, it is most important that we receive immediate notification that the interest has been transferred so that the new account can be established.

Not owning the mineral rights to a parcel of land doesn't mean your property is worthless. If someone else owns the mineral rights and they sell those rights to an individual or corporation, you can still make a profit as the surface rights owner. You have the rights of ingress and egress.

The following are methods for establishing mineral rights ownership: Deed. A deed is used to transfer mineral rights ownership from one party to another. Lease. ... Severance. ... Adverse Possession. ... Surface Use Agreement. ... Royalties. ... Mineral Estate. ... Texas Railroad Commission.

Mineral rights are a form of real property, and they are governed by the same principles of marital property law as other real estate. If the mineral rights were owned before marriage, they are separate property.

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Texas Partition Deed for Mineral / Royalty Interests