Buying Land Does Not Always Include the Mineral Rights

In Texas, land ownership can be split in two. You can own the surface — the dirt and everything on top. Someone else can own the minerals underneath — oil, gas, and other resources. These are called the surface estate and the mineral estate. They can be owned by different people.

Oil was discovered in Tom Green County in 1940. Since then, mineral rights have been bought and sold separately for decades. The seller of a piece of land may not own the minerals at all.

Under Texas law, the mineral estate is dominant. That means a mineral owner or oil company can come onto your land to drill — even without your permission — as long as they do not act carelessly or go too far. The Railroad Commission of Texas, District 7C, in San Angelo, regulates oil and gas operations in this county.

Before buying rural land here, have a title attorney check whether the mineral rights are included in the sale.