Property Ownership

Under Texas Occupations Code, a person who claims ownership of minerals under a Texas property should be aware that:

AMinerals are always included with a surface deed unless specifically excepted
BMinerals may have been severed from the surface estate by prior deeds and must be verified through title search✓ Correct
COnly oil and gas are severable; other minerals remain with the surface
DTREC regulates mineral rights transactions

Explanation

In Texas, mineral rights (oil, gas, coal, and other minerals) can be severed from and separately owned from surface rights. A surface deed that does not specifically include minerals may not convey them if they were previously severed. Buyers should conduct a mineral title search to determine what mineral interests, if any, are included in a purchase.

Related Texas Property Ownership Questions

Practice More Texas Real Estate Questions

1,500+ questions covering all exam topics. Start free — no signup required.

Take the Free Texas Quiz →