Seller in Arp, TX reserves mineral rights - does he own them or not?

[Magdalena]

Hello, I am thinking of buying a 4 acre property in Arp, TX. Seller attached in his disclosure a document that says the following: “Subject to Section C, Seller reserves all of the Mineral Estate owned by Seller. Section C: Seller does not reserve and retain implied rights of ingress and egress and of reasonable use of the Property (including surface materials) for mining, drilling, exploring, operating, developing, or removing the oil, gas, and other minerals. NOTE: Surface rights that may be held by other owners of the Mineral Estate who are not parties to this transaction (including existing mineral lessees) will NOT be affected by Seller’s election. Seller’s failure to complete Section C will be deemed an election to convey all surface rights described herein.”

Doe it mean that the Seller actually does not own mineral rights but someone else does and those people can have surface rights? I will appreciate good advice on this.

Thank you!

[Clint_Liles]

I believe I would have an attorney decipher all that legalese gibberish…geesh

[Lance_Brashear]

My interpretation is that they are reserving the minerals execpt for the right of ingress and egress. They are informing you though that others may have mineral rights which do have the right of ingress and egress allowing them to use the surface for mineral exploration/production.

I would be interested to know what % of minerals they have. If you have over 50% of the ingress and egress rights can you exert some control over who comes on the property or at least make the oil company negotiate with you?

As Clint said ultimately you probably need to have an oil & gas attorney look at this.