Home Buying in Argyle>Question Details

Tararenee, Home Buyer in Argyle, TX

If the seller retains the mineral rights do they retain any rights to the property itself?

Asked by Tararenee, Argyle, TX Sun Nov 20, 2011

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7
Dallas Texas’ answer
Much depends on executed sale agreement . Many lenders will not approve mortgage UNLESS buyer receives mineral rights !

Lynn911 Dallas Realtor & Consultant, Credit Repair Advisor
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0 votes Thank Flag Link Sun Nov 27, 2011
according to the popular mineral rights website i've been reading:

"mineral rights can be severed from the surface rights and sold and transferred as a separate unit."
0 votes Thank Flag Link Wed May 8, 2013
Many properties in sold in the North Texas area already have their mineral rights leased to an energy company. The best type of lease to protect the investment of the property owner (the owner of the surface rights) is a "no access" lease. This type of lease allows the minerals to be extracted, typically through horizontal drilling 8000-10000 ft below ground, but does not allow the energy company to set foot on the surface of the property. Most real estate listings where the owner plans to exclude the minerals from the sale have a provision on the Mineral Exclusion form for the seller to waive the surface rights, thus providing the new buyer with further protection of their surface rights. I am a homeowner who has worked through a lot of these questions personally and highly recommend using the services of an Oil & Gas Attorney - Virgina A. Moore, located in Flower Mound, Texas. Phone 972-355-0800. Hope this helps answer your questions. Best regards, Tom
0 votes Thank Flag Link Tue Apr 23, 2013
Potentially yes....as it depends on how the contract is written.

My worst nightmare is to wake up with a drilling rig next to my bedroom window and tanker trucks backed up in my driveway.

Your realtor should be able to walk you through the appropriate contracts. If you don't have a realtor, make sure to use one or an attorney or call us.
0 votes Thank Flag Link Mon Nov 21, 2011
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
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This is a legal question and any response from brokers or agents you get on this site should be confirmed with an attorney you trust if you are concerned about your rights. The Texas Broker / Lawyers committee has promulgated a form for buyers and sellers to handle the transfer of mineral rights easily, but if you do not understand the ramification of the form, you should consult an attorney. Your agent should be able to provide a referral.
0 votes Thank Flag Link Mon Nov 21, 2011
Generally speaking, retaining the mineral interests allows the dominant estate (those who own the mineral interests) to access those minerals via the surface. Those who own the minerals likely don't own any surface rights, but they still have the right to get to property which they do own...the minerals.
Web Reference: http://www.phgbrokers.com
0 votes Thank Flag Link Sun Nov 20, 2011
Only the right to reasonably extract those minerals, normally through a right-of-way. Of course, many factors come into play, like, the amount and value of the mineral, the number of different properties and owners that would be effected, the method of extraction (top-stripping, deep mining, surface drilling,...). The new owner can do anything they want to their property, as long as it conforms to zoning regs, deed restrictions, and applicable laws, EXCEPT deny the mineral rights owner access.
0 votes Thank Flag Link Sun Nov 20, 2011
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