Texas Subordination by Lessee of Right to Use All or Part of Surface Estate

State:
Multi-State
Control #:
US-OG-140
Format:
Word; 
Rich Text
Instant download

Description

If the minerals have been severed from the surface of lands, with the mineral estate, in many states, being the dominate estate, the mineral owner has the right to make use of as much of the surface as is reasonably necessary to develop those minerals. If the minerals have been leased, and the surface owner desires the lessee not to enter on specific lands, the surface owner may obtain a subordination from the mineral lessee to that effect. This form addresses that situation.

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FAQ

The general rule of thumb for the value of mineral rights in Texas is 2x to 3x the lease bonus you received. For example, if you got $500/acre when you leased your property, you might expect to sell for somewhere between $1,000 to $1,500/acre if you were to sell mineral rights in Texas.

As a mineral rights value rule of thumb, the 3X cash flow method is often used. To calculate mineral rights value, multiply the 12-month trailing cash flow by 3. For a property with royalty rights, a 5X multiple provides a more accurate valuation (stout.com).

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.

If you intend to conduct a mineral rights search in Texas, here are several approaches you could take into consideration: Get in touch with a Title Company. ... Hire a Landman. ... Contact the Texas Railroad Commission. ... Consult with an Expert. ... Go over Public Records. ... Examine the Property Deed. ... Check the County Clerk's Office.

?Surface rights? refers to the right to control the surface of the land. Existing structures are included under this umbrella. Typically, when property is purchased, the transaction includes the surface and mineral rights.

With its vast reserves of oil and gas, Texas has specific guidelines around inherited mineral rights. In Texas, if mineral rights aren't explicitly mentioned in a will, they typically pass along with the surface land unless there's a prior legal document that separates them.

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.

The general rule of thumb for the value of mineral rights in Texas is 2x to 3x the lease bonus you received. For example, if you got $500/acre when you leased your property, you might expect to sell for somewhere between $1,000 to $1,500/acre if you were to sell mineral rights in Texas.

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Texas Subordination by Lessee of Right to Use All or Part of Surface Estate