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Severed Mineral Rights in Texas

The short answer

Severed mineral rights mean that someone other than the surface owner owns the oil, gas and other minerals under the land. Texas treats the mineral estate as dominant, which gives the owner the right to use as much of the surface as is reasonably necessary to produce them, subject to the accommodation doctrine and any agreement. A buyer should find out who owns the minerals, what leases exist and what surface rights are reserved.

This page is general information, not legal advice, and does not create an attorney-client relationship. Rules change and every situation is different. Talk to a licensed attorney before acting on any of it. Last updated 2026-11-02.

How minerals become separate

Mineral rights can be sold, leased or reserved separately from the surface. Many Texas deeds reserve all or part of the minerals to the seller. Once severed, each estate passes separately through sales, wills and inheritance, so ownership can be divided among many people over decades. The surface owner may own none of the minerals, or only a fraction.

The dominant mineral estate

Mineral interests and royalties

InterestWhat it is
Mineral interestOwnership of the minerals and the right to lease and receive bonus and royalties
Royalty interestA share of production revenue, without operating costs
Non-participating royalty interestA royalty carved out of the minerals, without the right to lease
Working interestThe right to develop and the obligation to pay costs, usually held by an operator under a lease

What buyers should do

Why it matters for developers and investors

If you plan to build, farm or subdivide, a mineral owner's right to use the surface can affect your plans, financing and insurance. Lenders often ask about minerals and may require a surface waiver. See land due diligence and deed types and reservations.

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Frequently asked questions

Do I own the minerals under my land?

Only if they were not reserved in your chain of title. Check your deed and a mineral title search.

Can an oil company drill on my land if I own the surface only?

If the mineral owner or lessee has the right to develop, they may use the surface as reasonably necessary, subject to the accommodation doctrine and agreements.

Can I buy back the minerals?

Sometimes, by negotiating with the mineral owner. Many owners are unknown or hard to reach.

Does title insurance cover minerals?

Standard policies typically except them. A mineral policy or separate title work may be needed.

Related questions

This page is for general informational purposes and does not constitute legal advice. Anchor Legacy Planning is not a law firm; legal work is performed by independent, licensed attorneys.