How do you find out who owns the mineral rights to a property in Texas? The appraisal district has a website to find owners of property, but it doesn’t appear to include mineral rights. Thanks!
Usually the appraisal districts include both real property and mineral property. You just have to pick the right search criteria. There are also several pay to play websites that can help you locate it - Mineral Owners and Royalty Interests across the United States (mineralholders.com) is one and Texas Mineral Ownership and Appraisal Data Search | TexasFile is another.
Appriasal District tax records are only going to show the mineral ownership on interests that are in production and therefore subject to being taxed separately from the surface value of the land.
Determine who owns the full mineral interest in a tract where there’s no production may require researching the chain of title all the way back to the “sovereignty of the soil”, the point when title to the property first passed from the State of Texas (or the government of Mexico). Since that original transfer in the 1800’s, a single original tract of land, and the mineral interest associated with it, may have been divided and parts of the mineral and surface interest separated multiple times. The amount of work involved in confirming the ownership of the full mineral interest is why companies doing leasing have landmen and attorneys on staff to do the title research.
A logical starting point is the name of the current surface owner, which is available in the Appraisal District’s records, then checking the Grantee Index of the County Deed Records to find that current owner’s acquisition deed. If it shows the seller reserved all, or part, of the minerals when they sold the land, then there would be another chain of title to research. If that latest deed didn’t contain any reservation of minerals it may not mean the current owner also acquired the minerals due to earlier reservations in the chain of title. In other words, if the owner they acquired from didn’t own all the minerals then they couldn’t pass the title to them in the sale.
Sometimes tracing changes in mineral ownership also involves researching probate records, or even doing geneology.
Mineral rights in four states are in my grandfather’s name, but they now legally belong to myself, sister, and cousin (everyone older than us have passed). Let’s assume one or more are producing actively generating royalties. From the producer’s point of view, what happens when royalty checks are mailed but the mail gets returned (since the mineral right owner is deceased)? Or the checks are never cashed? is their a process to investigate and track down the next of kin or heirs? Or should I take it upon myself (I imagine significant expense) to transfer ownership to the three heirs? (I would certainly have to open probate for my mother that passed away, and possibly re-open probate for her father and/or brother as well…)
If the checks are not cashed or returned, the oil company will place the account into suspense. Depending on the company and circumstances, the royalties may be remitted to unclaimed property funds of the state of operations or the state where the owner lived. It is the responsibility of the heirs to get title transferred in the county deed records from the deceased owner to the heirs. Oil companies will not pay the royalties until title is clear. Minerals are real estate and each state has its own requirements for title. This process will be easier if there is probate for your grandfather and parents. It will be best to consult an attorney in each state who is familiar with the title process.
Hi Lana, how do we sign up for your webinar on wednesday? thank you
Hi @Jason_H welcome to Mineral Rights Forum! You’ve got a complicated situation on your hands. You definitely need to get some help working on this. You might try contacting the operator first to find out what kinds of documents they want from you to get the information into your name. This lets them know you exist and buys you some time - and might keep them from escheating to the state - while you are trying to find a professional to help you work through this.
Hi @Steven_C welcome to Mineral Rights Forum. Are you a member of NARO already? Wednesday’s webinar is a members-only webinar. Here is the info for the webinar Register Here.
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