Texas Porch

Mineral Rights

Your land deed may not include what is underground

In Texas, the mineral rights and the land surface can be owned by different people. The mineral owner has the stronger legal right to access the property.

When you buy land in Hudspeth County, you may not own the oil, gas, or other minerals underneath it. Texas law lets those rights be split from the land surface. This is called a severed estate.

The owner of the mineral rights has what courts call the dominant estate. In plain terms, that means a mineral company can come onto your land to drill or run pipelines. They do not need your permission, as long as the use is reasonable.

The Railroad Commission of Texas regulates oil and gas activity in the state.

Before you buy rural land here, ask a title company to run a mineral search. That search will show you whether the mineral rights are included in the sale. If the rights are already severed, you can try to negotiate a surface-use agreement with the mineral lessee. But operators are not required by law to sign one.

Source to confirm: Railroad Commission of Texas — Oil & Gas Exploration and Surface Ownership FAQ

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