Buying Texas Land/No Mineral Rights

[dezigirl78]

We are in the very beginning stages of research/looking for land here in TX. This would be for weekend get-away and for hunting.

One of the questions I have is about mineral rights. It seems that most properties are surface sales only. What happens if in the future some gas company shows up and takes over? I've read about them compensating you for surface damage, but there isn't anything too detailed that I have found. When they say you will be compensated, does this mean they will just throw a little money your way and you have no control, or will the compensation be legit?

Does anyone have any experience, or know a website that has detailed information so that I can do my own research?

I want to know what my risks are before I buy land to hunt and take my family, and 10 years from now someone comes in and destroys what I've made.

[flywise]

I'm fairly certain you also get a royalty.
.

[Froggy]

Texas Land and Mineral Owners Assoc.

http://www.tlma.org/

Here's a couple of good articles.

https://agrilife.org/texasaglaw/2013/08/19/surface-owners-beware/

https://www.recenter.tamu.edu/articles/technical-report/minerals-surface-rights-and-royalty-payments

You will find, after reading up on surface owner rights, that surface owners have almost no control over the mineral estate.

[sqiggy]

If you don't own the mineral rights, not a lot if any you can do when they show up to drill. If they have to bulldoze out trees and such, that is what you will get compensated for.

[TildenHunter]

I'm fairly certain you also get a royalty.
.

Nope. No minerals, no royalty. Minerals trump surface rights in Texas. If you were to have the Executive Rights, you would have a say whether or not a lease gets signed but nothing else.

Very unlikely that Executive Rights get split away from the mineral rights though.

[flywise]

Nope. No minerals, no royalty. Minerals trump surface rights in Texas. If you were to have the Executive Rights, you would have a say whether or not a lease gets signed but nothing else.

Very unlikely that Executive Rights get split away from the mineral rights though.

[Jcjohnson]

Interesting topic, in for the feedback.

[TildenHunter]

We are in the very beginning stages of research/looking for land here in TX. This would be for weekend get-away and for hunting.

One of the questions I have is about mineral rights. It seems that most properties are surface sales only. What happens if in the future some gas company shows up and takes over? I've read about them compensating you for surface damage, but there isn't anything too detailed that I have found. When they say you will be compensated, does this mean they will just throw a little money your way and you have no control, or will the compensation be legit?

Does anyone have any experience, or know a website that has detailed information so that I can do my own research?

I want to know what my risks are before I buy land to hunt and take my family, and 10 years from now someone comes in and destroys what I've made.

If the mineral owner signs an Oil and Gas Lease on your property, chances are, the company can do whatever they want on your surface within reason. Say they decide to put a pad site on your surface, it will generally be between 2-5 acres. They will compensate you for surface damages (call it $5,000/acre). As far as what the risks are, it depends on what county you are looking in. There are some counties, Burnett for example, where the risk of a company coming to drill are extremely low. If you are looking in Austin Chalk, Permian Basin, Eagle Ford Shale, Barnett Shale etc. the chances are fairly decent that you would feel the effects at some point.

[mudkat]

You know it is an absolute crime that they separated the mineral rights from the surface right. If it's your land its yours all the way the center of the earth in my opinion LOL
What those oil barons did to those poor people in a lot of east texas was terrible.
I think it matter a lot where the land is (is there a lot of drilling or wells in the area?)
if your worried about them coming in and drilling

[Capp35]

Depends if the deed has ingress or egress mineral rights.
Ingress, they can enter/drill without your permission.

[Capp35]

I'm fairly certain you also get a royalty.
.

Nope

[texaspyro21]

Depends if the deed has ingress or egress mineral rights.
Ingress, they can enter/drill without your permission.

Texas treats the mineral as the dominant estate so they can enter unless the mineral severance specifically excludes ingress/egress rights.

[BitBackShot]

I'm fairly certain you also get a royalty.
.

This guy definitely does his homework!

No, but seriously, you do not.

[Big pig]

I'm fairly certain you also get a royalty.
.

Nope. Just damages unless you own royalty.

It’s hard to find a great piece of property you can afford. And harder when you want minerals.

Interestingly, most of texas has some oil and gas potential. Even if a field has been discovered and depleted, there can be another zone discovered later So it is important if you intend to keep it forever and do lots o improvements.

My advice is to make it a part of your requirements when you are looking for property and try to negotiate for some minerals if possible. Many times, the present owners own no mineral rights to negotiate.

I suggest owning at minimum a 1/4 of the “executive rights” if possible.
Otherwise, it’s a dice roll. FYI. I own some minerals and have only been approached about drilling once in 35 years. But it was right by the house and I told them no.
They drilled a dry hole next door. And left a lot of damages I repaired

PM me if you have any questions.

BP

[Capp35]

Texas treats the mineral as the dominant estate so they can enter unless the mineral severance specifically excludes ingress/egress rights.

Hmm, my deed states egress only.
Now I am confused.