About Marlon Doerre Expertise Texas Real Estate: Any real estate related question Involving the purchase/sale of real property; financing (residential) transactions; curing title; and closing of real estate transactions located in Texaas. Will not answer questions related to properties outside of Texas.
Experience Licensed Attorney, Mortgage Broker, Realtor and Escrow Officer. I have been curing title and closing real estate transactions for over 12 years
Education/Credentials B.S. Texas A&M University; J.D. University of Texas School of Law
Expert: Marlon Doerre Date: 3/29/2007 Subject: Mineral Rights within a subdivision
Question I’m looking to purchase a residential property built in the 2003. The mineral deed indicates the grantor of the deed being the developer with the grantees being (2) individuals and a company. The (2) individuals named aren’t the previous owners.
Are the grantees obligated to transfer over the mineral rights to me the purchaser at closing? If they own the mineral rights and are not obligated to transfer them over does that mean they own the land? If they don’t own the land but own what’s under it, do I have the right as the land owner to not allow them to dig on my land? This property is located in the Dallas-Forth Worth area of Texas. You help is greatly appreciated.
Thank
Answer I answered this question but it is still showing up in my system so I am wondering if there was a problem. So I'll try again.
You will need to contact legal counsel of your choice for a specific answer to your property. I will give you some general information to assist you in asking the right questions.
1. No the owner's of the minerals are not obligated to sell them to you. The mineral estate has been severed from the surface estate and ownership is treated separately.
2. They do not own the land, they own the minerals below the land as designated by statute and common law.
3. You may or may not have the right to prevent them from drilling. Items that will determine drilling rights:
a. Is there a surface rights waiver that affects the property?
b. Is there a 5 acre drilling site that has been designated in lieu of their right to drill on your property?
c. Is there a no drilling ordinance/statute that applies?
d. Are their subdivision restrictions that were properly created that prohibit drilling AND that are binding on the mineral owners?
