Expert: Bob Von Rhee - 1/9/2007

Question
I purchased approximately 9 contiguous acres in Parker County, Texas approximately 10 years ago.  The land is divided into two pieces (4.2 acres and 4.62 acres).  There are separate deeds for each parcel.  The deed for the 4.2 acres shows that the seller from which I purchased the property owned all property above and below the surface line.  The deed for the 4.62 acres shows that seller from which I purchased the property owned 1/4 of the mineral rights.  When I purchased the property, I asked that all mineral rights were also being purchased and I was verbally told "yes" they were.  I now have a gas company wanting to talk to me and I want to verify this.

The official deed on file at the Parker County Court House was never changed to reflect my name.  It still reflects only the names of the original owner and seller from whom I purchased the property.

My question is do I legally own 100% of the mineral rights on the 4.2 acres and 1/4 of the mineral rights on the 4.62 acres just like the person that I purchased the property from?  From what I understand, these mineral rights owned by my seller would be mine, regardless if the deed was changed, when I purchased the property.  Unless the deed had been amended to explicitly state that the seller was retaining those mineral rights those mineral rights transfered to me when I bought the property.  Is this correct?

Thank You.

Answer
Steve.  First.  If the recorded deed does not reflect your ownership, it sounds like your real estate transaction was never properly closed.  This can happen.  If this is true, you ought to remedy that regardless of the mineral leasing question.  Second,  The fact that a company has approached you to lease your minerals MAY mean that they have run title and ownership in the County Court records OR it may simply mean they are approaching the surface owners first in the event a surface owner still owns minerals.  If the company asking to lease your land has run title, then something in the Courthouse records must reflect your ownership.  

As to sorting all this out, I am not qualified.  I suggest you contact an Oil&Gas Title Attorney who can review your records plus those recorded in the county clerk's office and then render a legal opinion regarding 1) whether your real estate transaction has been properly recorded, 2) what, if any, curative steps you need to take to reflect proper ownership by you, 3) whether you own mineral rights under your 9 acres and what fraction of those rights you own, and 4) advise you about the need to explicitly sever or retain mineral rights in a real estate transaction in the State of Texas.

Hope this helps you ask good questions.
Bob VR