Do Mineral Rights Come With Land I Buy?

 Posted on February 15, 2024 in Real Estate Law

If you are buying land in Texas, finding oil on the property can seem like a dream come true. Striking oil on land you own may feel like winning the lottery. Oil can be very valuable. Traditionally, when you buy a piece of land, you own that land all the way down to the core of the earth. However, there are legal ways that a seller of land can sever mineral rights from the right to occupy, use, and build on or near the surface of the land. If you are trying to buy land in Texas that you suspect may have an oil or other valuable mineral deposit, working with an experienced and knowledgeable Hood County, TX, natural resources and real estate attorney is essential. An attorney can ensure that the mineral rights will transfer with the property or protect you from buying a property you will not have the right to harvest natural resources from.

What if the Seller Does Not Know About the Oil? 

If you put your resources into identifying an oil deposit or other natural resources below the surface, you generally do not need to disclose this to the seller. The seller has had an opportunity to investigate their own land and has failed to do so. It is likely not your responsibility to inform them of their land's value if they have not discovered it on their own.

If I Buy Land, Do I Automatically Own the Natural Resources Under it? 

In Texas, a seller can draft the deed in such a way that they retain mineral rights after a sale. In some cases, the seller may not even own the mineral rights themself, in which case they cannot transfer those rights to you. Landowners may sell the mineral estate to another party, in which case they can only sell you the surface estate.

If the deed makes no mention of the mineral estate, it is presumed that the mineral estate transfers to the buyer with the land. However, you will want an experienced attorney to carefully read all documents you will be asked to sign at closing in addition to the deed itself. A thorough title search is essential to determining whether the seller still owns the oil or other resources under the earth.

Contact a Cleburne, TX Natural Resources and Real Estate Lawyer 

Cain & Kiel Law is highly experienced in helping buyers of land secure mineral rights and avoid sales that do not include mineral rights. Our dedicated team of Hood County, TX, natural resources and real estate attorneys will carefully investigate your land purchase so that you know exactly what property rights you will have. Contact us at 817-645-1717 for a confidential consultation.