Author Box
Articles Categories
All Categories
Articles Resources

Do You Own Your Minerals?

February 12, 2012 | Comments: 0 | Views: 148

You own property and you have been wondering whether you own the minerals under your property. You have options in this endeavor and you do not have to go through the process that I will outline below. The options you have to determine the ownership of your minerals include hiring a contract oil and gas landman, oil and gas attorney, or a title company to run a full surface and mineral abstract; or, you can check the real property records for yourself. You may find that you are just as competent to determine this as any of those previously mentioned.

First, determine which county your property lies within. This may be determined based upon the county from which you pay the property taxes. After determining which county your property is situation within, you will go determine where the county seat for that county is. You can determine this by searching Google for the "county clerk office real property records of _________ county, _(State)__".

Once you determine where the real property records are kept for your county then you will make several day trips to this location. It is a day trip because this process will likely take you several days to accomplish but you will gain a wealth of knowledge on this expedition. You will first take a trip to the County Tax Assessor and obtain a printout of the tax information for your property. This will give you a "legal description" for your property that you will then use to make sure your search in the real property records remains on track.

Now, you will go to the clerk's office where they house the deeds, leases and other recorded instruments. You will ask the clerk to give you a tour and let them know that you are going to research your mineral rights. These poor clerks have visitors every day that barge into the office demanding the clerks to tell them whether they own their mineral rights. The clerks cannot give legal advice and cannot search records for you but they will all be happy to tell you where everything is located, how the books are distributed and where the search index will be located.

There are, in most courthouses across this great land, two sets of books - a Grantor (seller) book and a Grantee (buyer) book and each property transaction is listed in both. The deed will be indexed by date. When a sale takes place, or a lease for oil and gas, the deed (instrument) will be recorded in the courthouse in both indexes by the name of the Grantor who sells and in the Grantee under the buyer's name.

You will begin by looking for your own name in the index list. Recall when you purchased your property in the Grantee (buyer) index and then go pull the book where that instrument is recorded. You can make a copy of this "public" record with a camera on your phone, etc, or you can ask the clerk how to make a copy of the instrument. (You will not need a "certified" copy for your records) You now have your starting point.

Note the seller's name on your deed and then go back to the Grantee index and search back in the Grantee index to determine when and how the seller in your deed purchased the property. Continue following the "chain" of title back in time until you get back to about 1900. Nearly all reservations of minerals were after the year 1900.

It is important for you to now follow the line back forward to make sure that a seller did not sell the minerals in a separate transaction. By this I mean that hypothetically speaking Mr. Brown bought your property in 1970 and sold to Mr. Jones in 1980. But, in 1974 Mr. Brown conveyed a mineral deed for all the minerals under the property to Mr. White. Now the minerals are severed from the surface and if you only look at the conveyances you may miss the severance of the minerals. So, be sure to check by running the title back and then forward again to be sure your records are complete. In my next installment I'll tell you how Deeds of Trust, Oil & Gas Leases and Releases are figured into this equation.

Cliff Williams Attorney at Law - State of Texas

This information is not intended to substitute for the advise of an oil and gas attorney in your particular jurisdiction and this information is generally applicable and not intended to create an attorney/client relationship.

Source: EzineArticles
Was this Helpful ?

Rate this Article

Article Tags:

Property Records


Real Property


Mineral Rights


Oil Rights




Researching Ownership







Thus, you can apply for the negligence compensation under such circumstances in order to recover your loss, Negligence Claims, Negligence compensation Involvedness of Negligence Claims. The court

By: Simon Liva l Legal > Personal Injury l December 13, 2012 lViews: 291

If a lawyer is not able to devote enough time to your case then your defense is likely to suffer. Moreover specialization in one stream or other of defense is important so that the attorney can

By: Simon Liva l Legal > Criminal Law l December 12, 2012 lViews: 429

Filing a business bankruptcy can be a complex and critical task, but you have several options. You can consult your bankruptcy attorney to know which among those options is right for you.This is a

By: Harvard McIntosh l Legal > Corporations LLC l December 11, 2012 lViews: 235

You can always check for the treatments that are covered. This is because there are some policies which do not give you claims if you meet any kind of head injury.You can always check for the

By: Simon Liva l Legal > Personal Injury l November 05, 2012 lViews: 241

In Colorado, you have many Personal Injury Lawyers to choose from. When you choose the Law Offices of Andrew C. Bubb you instantly put years of experience and legal know how in your corner. Attorney

By: Dilshad l Legal > Personal Injury l October 25, 2012 lViews: 389

If you have been charged with a crime, speak with Boulder criminal defense attorney Steven Louth immediately to protect your rights. Steven Louth is a criminal defense attorney and criminal trial

By: Dilshad l Legal > Personal Injury l October 18, 2012 lViews: 244

This article explains a quiet title action. It also explains the steps how to do the action for this kind of legal action.

By: Andrea Averyl Legal > Real Estate Lawl June 12, 2012 lViews: 204

One of the best ways to improve your situation is to hire a foreclosure attorney as soon as you default on your mortgage. This ensures that your lawyer has enough time to get your situation back on

By: Abraham Avotinal Legal > Real Estate Lawl June 04, 2012 lViews: 189

The thought of owning a home is a dream come true for many people. However, some people experience a lot of trouble along the way and could benefit from a real estate lawyer.

By: Abraham Avotinal Legal > Real Estate Lawl May 30, 2012 lViews: 168

A landlord lawyer can help to solve different problems. See what options that they can provide.

By: Abraham Avotinal Legal > Real Estate Lawl May 29, 2012 lViews: 176

For many individuals, buying their first home is difficult because of the need to save up enough money to make the initial payment or to cover the closing costs. However, you may be able to use funds

By: Jake C Santosl Legal > Real Estate Lawl May 23, 2012 lViews: 247

Help for Washington homeowners facing foreclosure. the Washington Foreclosure Fairness Act went into effect in July 2011. Mortgage mediation negotiations for homeowners in default on their mortgage

By: Dave Riderl Legal > Real Estate Lawl May 20, 2012 lViews: 216