A step-by-step guide to discovering and confirming your mineral ownership.
Get Your Free Mineral ValuationMany people are surprised to learn they own mineral rights. You might own minerals under property you've never visited, inherited from relatives you barely knew. Or you might assume you own minerals under your land, only to discover they were severed decades ago.
Understanding whether you own mineral rights is the essential first step before leasing, selling, or making any decisions about these potentially valuable assets.
Start with the deed you received when you purchased or inherited the property. Look for:
Any mention of "minerals," "oil," "gas," or "subsurface rights"
Phrases like "subject to," "excepting and reserving," or "less and except"
References to prior reservations or conveyances
Minerals may have been severed from the surface in any prior conveyance. You need to trace ownership back to identify any severances:
Obtain copies of all deeds in the chain of title
Look for mineral reservations in each conveyance
Note any fractional interests that were carved out
Deed records are public information maintained at the county clerk's office:
Visit the county clerk's office in person or check for online records
Use the grantor/grantee indexes to trace ownership
Request copies of relevant documents
Oil and gas leases are also recorded at the courthouse:
Search for leases affecting your property
Leases identify who the mineral owner was at signing
Check if leases are still in effect or have expired
For complex ownership situations, professional help is valuable:
Landman: Specializes in mineral title research
Title company: Can prepare a mineral title opinion
Attorney: Can interpret complex documents
These phrases in your deed suggest you may NOT own the minerals:
"Subject to all prior mineral reservations of record"
"Less and except all oil, gas, and other minerals"
"Surface rights only"
"Minerals previously reserved"
"The grantor reserves..."
If your deed contains this language, research is needed to determine who does own the minerals.
If your family owned the land since the original patent and never sold or reserved minerals, you likely own 100% of the mineral rights.
An ancestor may have sold land but reserved minerals. These minerals pass through the family separately from the surface.
When you bought the property, minerals may have already been severed by a prior owner. Your deed should reference this.
You might own a fraction of the minerals (e.g., 1/4 interest) if minerals were divided among multiple heirs or partially sold.
Discovering that someone else owns the minerals under your land can be disappointing, but you still have options:
Surface owner protections: You may be entitled to surface damage payments
Purchase the minerals: Track down the mineral owner and offer to buy
Dormant mineral statutes: Some states allow surface owners to reclaim unused minerals
Get a free valuation to understand what your mineral rights are worth.
Request Your Free ValuationStart by reviewing your deed for mineral language. Then trace the chain of title through prior conveyances. County courthouse records are public and can be researched. For complex situations, hire a landman or attorney to conduct a professional title search.
Mineral rights are recorded at the county clerk's office in the county where the property is located. Deeds, conveyances, reservations, and leases affecting minerals are all recorded in the deed records, which are public information.
Language like "subject to prior mineral reservations" or "excepting all minerals previously reserved" means someone else may own the mineral rights. The deed is acknowledging that a prior owner retained the minerals when they sold the surface.
Yes. Mineral rights can be owned separately from surface rights. You might inherit minerals from a relative who reserved them when selling land, or purchase minerals as a standalone investment. Many people own minerals under land they've never visited.
You should trace the chain of title back to the original patent (government land grant) or at least back far enough to identify any mineral severances. In Texas, this often means going back 50-100+ years. A professional title search is recommended for accuracy.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. Title research and mineral ownership determinations should be verified by qualified professionals.