Without asking the seller, is there a means a potential buyer can use to determine if the seller has the

Asked by James, Fort Worth, TX Wed Jul 2, 2008

mineral rights?

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Maria Morton, Agent, Kansas City, MO
Wed Jul 2, 2008
Mineral right laws vary from state to state and, sometimes, from county to county within the state. An attorney would be able to tell you what the law is in your state. A realtor could also get the information for you. The title company would be able to do a search for that particular property. An attorney will cost money. A title search will cost money. A buyer's agency agreement with a realtor would be paid at closing.
1 vote
Yvonne Cousar, Agent, Round Rock, TX
Wed Jul 2, 2008
Hi James... if you are working with a realtor, the realtor may be able to get this information from a title company, or if you are not working with a realtor, you could search the county recorder's office where the property is located for any records pertaining to ownership of that property's mineral rights.

I hope this was helpful.
Web Reference:  http://www.YvonneBaker.com
1 vote
Bruce Lynn, Agent, Coppell, TX
Wed Jul 2, 2008
1. You could pay a landman to do a title search for the mineral rights.
2. You potentially could ask to see their last title policy. That may or may help. But this request is also unusual and might raise eye brows as to what you are looking for.
Web Reference:  http://www.teamlynn.com
1 vote
Benjaminday, , Colorado Springs, CO
Wed Jul 2, 2008
Have your agent get the title company to check it out for you. If it's publicly recorded, they might be able to get the data.
1 vote
Dial Boles,…, , Austin, TX
Fri Jul 3, 2009
Specific to the Barnet Shale area, given that there was so much leasing activity over the past two years, if your potential seller has executed an Oil & Gas lease, then they at lease have part of the mineral estate. You can search the Tarrant County Deed records to find this.
The norm for the Fort Worth area was for the mineral estate NOT to have been severed at a earlier time, prior to development of the subdivision, and thus passed to the first homeowner, and each subsequent owner, unless one of them reserved part or all of the minerals when they sold. There are, however, many newer neighborhoods that have had all of the mineral estate severed from the surface estate, thus the surface owner has no mineral rights.
The only way to know for any tract, is to trace the title chain (read every deed and conveyance) from the current owner back to the original grant from the state.
Dial Boles, Broker, Landman
Web Reference:  http://www.texasmineral.com
0 votes
Tina Evans, Agent, Cookeville, TN
Wed Jul 2, 2008
You can get that information off the deed and you can get it yourself by going to the registry of deeds for that city/county and looking it up. Have fun!
0 votes
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