Buying land can feel like an adventure. There is soil, fences, trees, and maybe even a pond or a view of rolling hills. But hidden beneath that surface is something you might never see: mineral rights. If you’ve started thinking about mineral rights when buying land, you’ve already taken an important step toward being an informed buyer.
In this blog post, we’ll guide you through what happens to those rights when you buy land in Texas, how they can add value (or add complications), and how you can buy land with confidence, whether your goal is ranching, developing, or holding as an investment.
What Are Mineral Rights, and Why Do They Matter?
When you buy a piece of land, most people assume they’re getting everything: the dirt, the fence, the view. But in Texas, and many other states, property can come with two distinct bundles:
- Surface rights: your right to use the land above the ground
- Mineral rights: your right to mine oil, natural gas, coal, or other minerals beneath the surface
Owning land doesn’t automatically mean you own the minerals underneath. Those might be retained by a previous owner or sold separately years ago. And here in Texas, with its long history of oil and gas drilling, those rights can be extremely valuable (or highly complicated).
Who Owns Mineral Rights When You Buy Land?
When you sign on the dotted line to buy property, mineral rights ownership depends entirely on the deed. There are three main scenarios:
- Full ownership: the deed conveys both surface and mineral rights.
- Split estate: surface and minerals are owned by different parties. This is common, especially in areas with a history of oil and gas leasing.
- Minerals retained by a previous owner: You own the surface, but someone else still owns the minerals, and they might have lease agreements or existing royalties in place.
Buying Land with Mineral Rights: What to Watch Out For
If you’re focused on buying land with mineral rights, here are some steps I recommend:
OTitle search
A thorough title search helps reveal any existing mineral leases, royalty interests, or split-estate situations.
Survey and legal description
These ensure the land you’re buying matches what’s described in any existing mineral agreements.
Ask your realtor or attorney
They should help highlight recording information that affects mineral ownership. If your realtor hasn’t dealt with oil and gas issues before, it may be worth consulting someone who has.
Check for existing leases
Existing oil or gas leases on the property can give you income, or can restrict your use of the surface land (due to drilling rights, easements, pipelines, or road access).
Consider title insurance
A title policy can protect you if mineral rights claims emerge later.
How Existing Leases Can Affect You
Imagine you buy land in East Texas and learn the new owner still has a valid oil lease with a big energy company.
- If the well is already operating, you’ll get royalty checks every month (but you may have limited control over drilling, traffic, or equipment on your land).
- If the lease is active but no production is happening yet, you might wait, or negotiate to suspend drilling temporarily.
- If no lease exists and you control the minerals, you could lease them to a company, potentially earning significant income.
Texas Land and Mineral Rights: A Unique Situation
Texas has a storied oil and gas history. That means mineral rights can be worth more than the surface land itself. As a result:
- Residential lots near big cities often still have mineral rights sold separately.
- Buying acreage for a custom home in rural areas? Mineral ownership might come with existing royalties.
- Investors often buy small acreage parcels hoping that mineral values will continue to rise.
For any land purchase in Texas, I recommend explicitly including mineral rights in the purchase contract and specifying whether they’re included or reserved by the seller.
Buying Land with Mineral Rights: A Step‐by‐Step Checklist
If you’re worried about how to buy land with mineral rights, here’s a friendly step-by-step guide:
Start with the listing
Does it mention surface rights only, or does it include minerals?
Order a title commitment
Review to confirm mineral ownership status, existing leases, liens, or mortgages.
Talk to professionals
You’ll want a closing attorney and a real estate agent who have experience with mineral estates in Texas.
Inspect the lease documents
Identify who holds the lease, the royalty terms, expiration dates, and any surface access rights granted.
Negotiate clarity
If you’re purchasing mineral rights, have the seller guarantee them in the deed. Define who owns what in writing.
Get title insurance coverage
It should protect mineral rights ownership and worry about legal disputes later on.
Walk the property
Look at well sites, pipelines, gathering lines, or other mineral activity; it may affect your structure planning or land use.
Plan ahead
Are you planning to lease, develop, or sell later? Your goals will influence how you title your land during purchase.
Real-Life Experience: An Example from Paint Rock Royalty
At Paint Rock Royalty, we often hear from people who thought they were buying a peaceful ranch in West Texas, only to find out a decade later that someone else owned the mineral rights and started drilling nearby. They were surprised when they saw a pipeline being laid behind their barn and received monthly royalty statements they didn’t expect to see.
We explained how their deed had excluded minerals and helped them negotiate a surface damage agreement with the operator to protect their fences and house.
That’s why being clear at the beginning about the importance of mineral rights in land purchase can save you headaches, and maybe earn you a little extra income later on.
Can You Buy Mineral Rights Outright After Buying Land?
Yes, after you own the surface, you can negotiate with the current mineral owner to buy those rights. That typically involves:
- Determining value: get offers or look at recent comparable mineral interest sales nearby
- Agreeing on terms: price per acre, payment structure, and transfer documents
- Recording the transfer: ensuring the deed amendment is filed in the county records
You can also negotiate a surface use agreement if you can’t or don’t want to purchase the mineral rights.
Common Queries People Asked
Are mineral rights included in a typical home purchase?
Usually not. Residential buyers often assume they are, but mineral rights must be explicitly included in the deed.
What happens when someone drills on your land?
If you own the minerals or if they’re leased, you’ll likely see pipelines, well pads, and heavy equipment. Surface disruption is typically governed by surface use agreements.
Can drilling operations stop me from building?
Possibly. Leases may grant access or restrict when/where you can build. Always check those terms before making plans.
Will owning mineral rights automatically make me money?
Only if someone explores, drills, or extracts minerals, and then pays royalties. Otherwise, they might just sit there unmined.
What about water rights?
Those are usually separate from mineral rights. Water rights in Texas are another complex area, and you’ll want to treat them differently.
How Paint Rock Royalty Can Help
If you’re in Texas and evaluating land purchases, our team at Paint Rock Royalty can help in a few ways:
- We review title commitments and deeds to confirm how mineral ownership is handled
- We advise on surface damage and access agreements
- We help you negotiate and purchase mineral interests when it fits your investment plan
If you’d like to talk through a specific property, just reach out through our contact page or check out our area of interest service area to see if we’re already working in your county.
Protect Yourself: Make Mineral Rights Part of the Buying Plan
Here’s a summary of how to approach purchasing land with mineral rights:
Task | Why It Matters |
Check deed & title | Confirm who owns the minerals |
Inventory existing leases | Identify hidden restrictions or pending production |
Walk the land | Spot pipelines, wellheads, or access roads |
Consult professionals | You’ll need a title attorney, realtor, and maybe a landman |
Define terms in the contract | Specify what’s included: surface, minerals, or both |
Explore buying rights | Sometimes easier than modifying complicated lease terms |
Plan land usage | Build around or incorporate any mineral activity |
Ready to Buy Land? Don’t Let Mineral Rights Be a Mystery
If you’re looking at property in Texas, make sure you’re not just buying the surface. Mineral rights can make a big difference in what you own and what you can do with the land. Before you sign anything, take time to understand what’s included. Walk the land, review the deed, ask the tough questions, and work with folks who know how mineral rights work in your area.
Need help making sense of it all? Contact Paint Rock Royalty today and get clear answers before you buy. A quick conversation could protect your investment, and maybe even add long-term value to it.
Frequently Asked Questions
Can I lose mineral rights if I don’t own them at closing?
No. You can’t lose what you don’t own, even years later. But you can only negotiate with the current owner.
If minerals are severed, can they ever be reunited?
Yes, by purchasing them from the current owner or heir. You’ll need a new deed and recorded documents.
Will owning mineral rights affect my property taxes?
Sometimes. Mineral interests may be assessed separately in Texas. Check with the county appraisal district.
How can I find out who owns the minerals under my land?
Start with the deed and title commitment. County clerk records may also show severed ownership. A landman or attorney can perform a deeper search.
What if there’s no existing mineral activity but I want to lease?
You’ll need to have the minerals in your name and then negotiate with an operator. Paint Rock Royalty can help with lease options and connecting to trusted operators.
