Texas Mineral Owner's Subordination (of Rights to Make Use of Surface Estate)
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FAQ
Transfer By Will It is also possible to transfer or pass down mineral rights by will. The right to minerals transfers at the time of death to the individuals named as beneficiaries. If no specific beneficiaries to the mineral rights are designated, ownership passes to the property and real estate heir.
Ownership types Surface rights owners own the surface and substances such as sand and gravel, but not the minerals. The company or individual who owns the mineral rights owns all mineral substances found on and under the property. There are often different surface and mineral owners on the same land.
Hear this out loud PauseIn the United States, mineral rights can be sold or conveyed separately from property rights. As a result, owning a piece of land does not necessarily mean you also own the rights to the minerals beneath it. If you didn't know this, you're not alone. Many property owners do not understand mineral rights.
The ownership of rights to minerals, including oil and gas, contained in a tract of land. A mineral right is a real property interest and can be conveyed independently of the surface estate.
There are two types of rights that may be included in land ownership: surface rights and mineral rights. A landowner may own the rights to everything on the surface, but not the rights to underground resources such as oil, gas, and minerals.
Hear this out loud PauseIn Texas, the mineral estate is considered separate and distinct from the surface estate. This means that the mineral estate can be bought and sold separately from the surface estate. The mineral estate owner has exclusive rights to any and all minerals located beneath the land's surface.
Hear this out loud PauseDominance of Mineral Estate This means that the owner of the mineral estate has the right to freely use the surface estate to the extent reasonably necessary for the exploration, development, and production of the oil and gas under the property.
Hear this out loud PauseIn 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.