Land / Mineral rights

You can own the dirt, not the oil.

This is the most famous quirk of Texas land, and it surprises new buyers constantly: the 'surface' and the 'minerals' beneath it can be owned by two different people.

How the two estates work

• -You can buy land and own none of the oil, gas, or minerals under it. In Texas the mineral estate can be 'severed' (split off) from the surface and sold, leased, or inherited on its own - and that's been happening for over a century. The family that sold the ranch may have kept the minerals, or a company may hold them.
• -The mineral estate is 'dominant.' That means the mineral owner (or the company leasing from them) has the right to use as much of the surface as is reasonably necessary to get the oil and gas - roads, pads, equipment - and the surface owner generally can't stop reasonable development.
• -A balancing rule called the 'accommodation doctrine' can sometimes require the mineral side to work around an existing surface use - but the surface owner carries the burden of proving there's a reasonable alternative, and courts read it narrowly.
• -You can't just read your deed and know what you own. Phrases like 'together with all minerals' or 'reserving all minerals' are clues, but ownership may have been split and re-split across many owners over a hundred years. Confirming it means tracing the chain of title through county deed records.
• -If you do own minerals, you typically don't drill yourself - you sign an oil and gas lease for an upfront 'bonus' (per acre) and ongoing 'royalties' (a share of production). Leases are dense and negotiable; have one reviewed before signing.