Buying Land Does Not Always Include the Mineral Rights

A Tom Green County deed can transfer the surface while leaving some or all oil-and-gas rights with someone else. Texas treats the surface and minerals as separate property. If the seller owns the minerals, they usually pass with the land unless the deed holds them back or limits the sale.

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.

The mineral estate is often called dominant. Its owner or lessee may use as much surface as is reasonably needed to develop the minerals. A lease, local rule, or the accommodation doctrine may limit that use. The Railroad Commission regulates oil-and-gas work, but it does not settle every private land dispute.

Before buying rural land, have the deed chain and any lease reviewed. The useful questions are not only who owns the minerals, but also where roads, well pads, pipelines, water use, and surface-restoration terms may land.