Let’s Talk About Mineral Rights in Texas

If you’ve ever bought or sold land in Texas—or even thought about it—you’ve probably heard the term mineral rights thrown around. It can sound a little intimidating at first, but it’s actually one of the most important things to understand when dealing with property in the Lone Star State.

Let’s break it down in plain English, so you know what’s what—and what’s underneath.

So, What Are Mineral Rights?

Mineral rights are basically the rights to anything valuable below the surface of the land—like oil, gas, coal, and sometimes even things like copper or other metals. In Texas, these underground resources can be a big deal. In fact, sometimes the minerals are worth more than the land itself.

And here’s the kicker: You can own the surface of the land without owning what’s underneath it. That’s right—someone else could own the mineral rights to your land. Crazy, huh?

Surface Rights vs. Mineral Rights (and Why It Matters)

If you own the surface rights, you control what happens above ground—like building a home, running cattle, or putting in a fence.
If you own the mineral rights, you control what happens below ground—like drilling for oil or gas.

In Texas, mineral rights take priority. That means if someone owns the minerals under your land, they usually have the right to come on your property to drill or explore—whether you like it or not. They do have to follow rules and “reasonably accommodate” your surface use, but still… it’s something you definitely want to know up front.

How Did This All Start?

Back in the day, land and mineral rights were sold together. But over time, folks started separating the two—reserving mineral rights when they sold their land or passing them down separately through inheritance.

Fast forward to today, and a lot of properties in Texas have a pretty tangled history when it comes to mineral ownership. You might need to do some digging (pun intended) to figure out exactly who owns what.

Can You Lease or Sell Mineral Rights?

Absolutely. Most mineral owners don’t drill themselves—they lease the rights to oil and gas companies. When you lease your mineral rights, here’s what that usually looks like:

• Bonus: Upfront money per acre for signing the lease
• Royalty: A cut (usually 20–25%) of the money made from whatever gets pulled out of the ground
• Lease Term: Often 3 to 5 years, with an option to extend

If production happens, those royalty checks can add up. I’ve known folks who’ve built retirement accounts off of them.

Some Legal Things You Should Know

There’s a whole legal side to this (of course), but here are a few basics worth remembering:

• Mineral rights trump surface rights in Texas law.
• Operators have to accommodate your use of the surface, but they can still access it.
• You might hear about things like executive rights (the right to negotiate leases) or non-participating mineral interests (where someone gets royalties but not lease bonuses).

If it starts to sound like alphabet soup, don’t worry—that’s why title attorneys and land agents like me are here to help.

If You’re Buying or Selling Land…

Here’s what you should always ask:

• Do mineral rights come with the property?
• Have they been reserved by a previous owner?
• Is there an oil/gas lease already in place?
• Are royalties currently being paid?

Trust me—these questions can make a huge difference in the value of the land and how you use it.

How Do You Know If You Own the Minerals?

You’ll usually need to check the county records, go through past deeds, and maybe even hire a landman or attorney. It’s a bit of a process, especially if the land has changed hands a lot over the years.

But it’s worth doing. I’ve seen deals fall apart—or become way more valuable—based on what turns up in those records.

Final Thoughts from a Texas Land Guy

Mineral rights might sound like a complicated topic, but here’s the bottom line: if you own land in Texas, you need to know what’s under it—not just what’s on it. Whether you’re dreaming of a hunting ranch, a weekend getaway, or a family legacy, understanding mineral rights could make or break your deal.

I’ve helped plenty of folks navigate this, and I’d be glad to help you too.

Ready to Buy or Sell Land in Texas?

If you’re looking at land and wondering about mineral rights—or already own property and want to know what’s under your boots—let’s talk. I specialize in Texas ranches and land sales, and I’ll help you make sense of the fine print so you can make a smart move.

📲 Call, text, or message me anytime.
Let’s make sure you’re getting the whole picture—above and below the surface.

Mark Giesecke 512-626-4479