Right-of-Way (ROW) Acreage Ownership Question?

Ownership and Title
1

I'm having a hard time finding out what has become of the three acres in the ROW, which was included with our mineral rights when the surface property was sold. I'm in touch with the county tax appraisor's office, and the County Clerk. But nothing definitive as of yet - it's been a week.

Question is, are there some other references I should be accessing for ROW ownership issues?

Thanks in advance for any assistance on these matters!

Regards,

Ralpr

2

Unless you are describing a subsurface easement (sometimes used to drill a horizontal well through mineral interests that are not under lease), the typical ROW transfers with ownership of the surface estate. A typical ROW does not involve the mineral estate.

3

In our case, it does I believe. A highway was expanded, and the mineral rights apply to the lost surface acreage & mineral estate

Ed said:

Unless you are describing a subsurface easement (sometimes used to drill a horizontal well through mineral interests that are not under lease), the typical ROW transfers with ownership of the surface estate. A typical ROW does not involve the mineral estate.

4

You state "what has become of the three acres in the ROW, which was included with our mineral rights when the surface property was sold.". Although this statement is confusing, one fact is stated, that the surface rights were conveyed and perhaps the mineral rights along with them. This seems to be confirmed by your subsequent statement.

A right of way does not convey ownership in either the surface or mineral estate but merely conveys the right of ingress and egress and necessarily will be conveyed if the interest in the surface occupied by the ROW is conveyed. I would examine the document which transferred the surface interest to answer your question. The 3 acres are not lost, but you may not own them.

5

Ralphr,

Without seeing any documents, Texas has what is called the strip and gore doctrine, which is a bit complicated, but you may own to the centerline of the highway, if your ownership is only on one side of the highway.

6

Hi Mr. Cotten, Thanks for your insights again! I hope to learn more soon when I receive the ROW deed language only known as a reference (Vol. & Page #) The related concern is that the lease acreage is based without the ROW acreage - is that par for the course? A difference of six acres or so…

Regards, Ralpr

PS - you can call me whatever you want, but don’t call me late for dinner!

Buddy Cotten said:

Ralphr,

Without seeing any documents, Texas has what is called the strip and gore doctrine, which is a bit complicated, but you may own to the centerline of the highway, if your ownership is only on one side of the highway.

Best,

Buddy Cotten

BBA-PLM-UT