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Updated about 4 years ago on . Most recent reply

User Stats

198
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Shea Spinelli
  • Rental Property Investor
  • Tyler, TX
89
Votes |
198
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Mineral rights in Texas

Shea Spinelli
  • Rental Property Investor
  • Tyler, TX
Posted
Does anyone know whether it's customary in Texas to leave the mineral rights with the prior owner? The seller is requesting to keep the mineral rights after our sale is finalized. He said its normal and it's a big deal to him as he's mentioned it a couple times. Normally, the owner prior to him has probably retained the rights. This saves us from the research, but am I giving up too much by not bribing the rights over with the sale? It seems a long shot that there would be any profit from them considering it's only two acres, but thought I would ask if anyone has an experience. Thank you in advance.
  • Shea Spinelli
  • Most Popular Reply

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    Jason Hirko
    • Lender
    • San Antonio, TX
    1,511
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    Jason Hirko
    • Lender
    • San Antonio, TX
    Replied

    @Shea Spinelli In my experience the mineral rights are usually owned by someone different than the property owner. If you do let him keep the mineral rights, make sure that you get a Surface Area Exclusion Agreement - that basically says you can have the oil, but you can't pump it on my land...otherwise you could end up with a pump jack on your land

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