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Hi, Me and my wife inherrited property in Texas and was

Sent to Legal Experts May 10 2006 at 11:37 AM
   

Hi,
Me and my wife inherrited property in Texas and was approched by a gas/oil company aboul a lease. The property has been the family for quite some time. How can I find out if we own the mineral rights also?
Thanks,
Jeff Prater

 

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Texas

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Answer
May 10 2006 at 5:53 PM (6 hours and 15 minutes and 26 seconds later)
         
REPLIEDCheck Mark

Texas certainly provides that you own both everything above the ground and below the ground, unless the rights were already previously assigned or transferred. HOWEVER, I would encourage you to seek local counsel if the deal is worth any substantive amount. Texas also has laws on the books to suggest that the State gets one-half of all proceeds from drilling. Need to consult with a local attorney to see if that provision is being enforced.

Good luck and let me know if you have any further questions.



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Reply
May 11 2006 at 2:31 AM (8 hours and 37 minutes and 42 seconds later)
         
Reply to LegalEagle, LLC's Post: I found a document online at "http://www.capitol.state.tx.us/hrofr/focus" that shows the original purchase by the 1st owner of the land and it states that the state holds the mineral rights. Does this mean that the mineral rights have never been assigned?
Thanks,
Jeff Prater
Customer (name blocked for privacy)
Answer
May 11 2006 at 7:58 AM (5 hours and 27 minutes and 15 seconds later)
         
ACCEPTEDCheck Mark

I cannot get the link to work, but if the owner completely transferred ALL mineral rights to the State, the property may no longer include the mineral rights. Best advice would honestly be to have a local attorney review the chain of title for the property in order to ascertain the exact status of the mineral rights. Such a search can even be completed by a title insurance company for less than $100.00.

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Attorneys are limited to offering specific legal advice in states where they are licensed. Online responses offered here are ADVISORY OPINIONS only and should NOT be considered specific legal advice! Consult a local attorney for specific advice.
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