In Texas the mineral estate can be owned separately from the surface, so owning or inheriting land does not prove ownership of the minerals, and selling land does not prove they were sold. To find out what your family owns, trace the chain of title in the county deed records for reservations and mineral conveyances, check appraisal district mineral rolls and Railroad Commission well data, and review any leases, division orders or royalty records. Older deeds, especially those using fractions like "one-half of one-eighth," often require legal interpretation.
What families should know
"Grandpa always said we kept the minerals when we sold the farm." That kind of family account is common in Texas, and often it is true. Confirming it requires documents, not memory.
Start with what the family already has: old deeds, wills, probate files and estate inventories; leases, division orders, royalty check stubs and Forms 1099; and tax statements from appraisal districts in counties where no one lives. Then go to the county where the land lies and search the deed records for every conveyance into and out of the family. A reservation of minerals or royalty may appear only once, in a deed signed seventy years ago.
Appraisal district rolls and Railroad Commission data then show whether an interest is leased and producing. Producing minerals are taxed, so an ancestor or an ancestor's estate listed on a mineral roll is strong evidence of a current interest, and possibly of royalties being held for the heirs. The Comptroller's unclaimed property database may show proceeds already turned over to the State.
The legal detail
Severance and the forms of mineral ownership
Texas recognizes the mineral estate as a separate estate in land that may be severed from the surface by reservation or conveyance. Once severed, it may be further divided among owners of undivided mineral interests (who hold the executive right to lease and the rights to bonus, rentals and royalty), owners of non-participating royalty interests (who share in production but cannot lease) and holders of term or overriding royalties. Identifying which of these your family holds determines both its value and who must sign any lease or conveyance.
Reading reservations
Deed language is construed from the four corners of the instrument, giving effect to all of its provisions, and older forms present recurring problems:
Double fractions. In instruments from the era when one-eighth was the customary royalty, a reservation of "one-half of one-eighth" may mean a fixed 1/16 royalty or a floating one-half of whatever royalty is later negotiated. In Van Dyke v. Navigator Group (Tex. 2023), the Supreme Court of Texas recognized a rebuttable presumption that "1/8" in older instruments may refer to the entire mineral estate.
Over-conveyance. Under the Duhig rule, when a grantor warrants title to more of the minerals than the grantor can convey while also reserving an interest, the reservation yields to the grant to the extent necessary to satisfy the warranty.
Prior reservations. "Subject to" clauses may refer to interests reserved earlier in the chain, so the family may own less than the deed's face suggests.
Make a timeline of every deed for the tract, starting from the earliest family purchase. Reservations often appear only once, decades ago.
Public records to check
| Source | What it can show |
|---|---|
| County deed records (grantor/grantee indexes) | Reservations, mineral and royalty deeds, leases, probate and heirship instruments |
| Appraisal district mineral roll | Owner name, lease, decimal interest and appraised value of producing interests |
| Railroad Commission GIS viewer and production data | Wells on or near the tract, operators, permits and production |
| ClaimItTexas.gov | Royalty proceeds already delivered to the Comptroller as unclaimed property |
| Operator correspondence | Suspended funds held for a deceased or unlocated owner |
An example
Michael's family sold a ranch in Reeves County in the 1950s, and a cousin recalled that their great-grandfather "kept the minerals." The warranty deed in the county records reserved to the grantor an undivided one-half of the oil, gas and other minerals. The appraisal district roll still listed the great-grandfather's estate on several leases with current production, and Railroad Commission maps showed active horizontal wells on the tract. The interest was real, royalties were being held in suspense, and the remaining work was to establish, generation by generation, who had inherited it.
Once you find an interest
Record the county, survey and abstract, and any lease or well names.
Identify the operator from Railroad Commission data or the appraisal roll.
Search ClaimItTexas.gov for proceeds already sent to the State.
Establish the current owners through probate or heirship instruments recorded in that county.
Deliver the recorded documents to the operator and sign new division orders.
Frequently asked questions
Can I search for mineral rights by name?
Yes. County grantor and grantee indexes, appraisal district mineral rolls in producing counties, and the Comptroller's ClaimItTexas.gov database of unclaimed property can all be searched by an owner's name.
If I own the land, do I own the minerals?
Not necessarily. The mineral estate may have been severed by a reservation or conveyance in any earlier deed in the chain of title.
Is a royalty interest the same as a mineral interest?
No. A mineral interest carries the executive right to lease and the right to receive bonus, delay rentals and royalty. A non-participating royalty interest carries only a share of production, free of costs of production, with no right to lease.
What if the minerals are not producing?
An unleased or non-producing interest can still have value and may be leased or developed in the future. It should be identified and passed down with the same care as a producing interest.
Think your family may be owed royalties?
We help Texas families find, prove and claim oil and gas royalties held by operators or the State. There is no cost to ask.
Schedule a Free ConsultationLaw Office of Todd Worrich · 1045 Cheever, Suite 208, San Antonio, Texas 78217
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About the author
Todd Worrich is a San Antonio native and Texas attorney. He earned his undergraduate degree from Texas A&M University, his law degree from St. Mary’s University School of Law and an LL.M. in Taxation from SMU Dedman School of Law, and he has been recognized multiple times by Texas Super Lawyers. His practice focuses on estate planning, probate and helping Texas families recover oil and gas royalties. More about Todd
This article is general information about Texas law, not legal advice for your situation, and reading it does not create an attorney-client relationship. Laws change, and results depend on the facts of each matter. Attorney responsible for this content: Todd Worrich, San Antonio, Texas.
