I was reviewing a mineral deed prepared by an attorney and was surprised to see the words, ("herein the "Real Property") following the legal description. I have never seen a mineral interest referred to as "Real Property". I thought that had to do with surface interest, only. Your thoughts, please, before I ask the attorney about it.
It is real property.
What R W said
A mineral (in the ground) in Texas is real property. Minerals extracted from the ground (oil at the mouth of the well on the surface) is considered personal property. There are variations of the fine details to where the property type changes from real to personal when you look at other states.
Thank you, everyone.
Any interest tied to a tract of land is “real property.” Some states consider mineral estates “incorporeal” or “intangible” property, but the mineral estates are still considered “real” property because they are interests in realty. However, as Kitchen aptly points out, while a mineral estate is “real property,” a barrel of oil itself is “personal,” as it is no longer attached to the land.
Kudos to Kitchen and Andrew for answers that were well stated and factually correct. Rare around these parts.