Buying acreage in Fannin County can feel exciting until you hit the question that stops many deals cold: do the mineral rights come with the land? You want a quiet, useful tract that fits your plans, and you don’t want surprises after closing. In this guide, you’ll learn the essentials of Texas mineral rights, how to read deed and title clues, the checks to run before you write an offer, and how to protect your interests through closing. Let’s dive in.
Mineral rights in Texas
In Texas, the mineral estate can be owned separately from the surface. A past owner may have “severed” the minerals and kept them, even if the surface sold. When that happens, the person who owns the minerals holds powerful rights.
The mineral estate is generally considered the dominant estate. Mineral owners can explore for and produce oil, gas, and other minerals, subject to legal limits and permits. Surface owners have protections, but those do not automatically block mineral development.
For buyers in Fannin County, severed minerals can mean future drilling locations, seismic work, pipelines, or production facilities on or near your tract. If the minerals are included with the sale, you might gain leasing leverage and potential royalty income if production occurs.
Common interests and terms
Understanding a few key terms helps you read listings, deeds, and title work with confidence:
- Fee simple mineral ownership: ownership of the full mineral estate.
- Severed mineral estate: minerals are owned by someone other than the surface owner.
- Royalty interest or NPRI: a right to a share of production revenue, usually without the right to sign leases.
- Overriding royalty interest (ORRI): a royalty carved out of a lease that typically lasts only as long as that lease.
- Mineral lease: a contract granting exploration and production rights, with terms for bonus, royalty, and duration.
- Pooling or unitization: combining acreage into a unit for development and sharing production.
- Surface use agreements and easements: recorded rights for roads, pipelines, and facilities.
Phrases you might see in deeds
- “Excepting and reserving unto Grantor all of the oil, gas and other minerals…” This means the seller kept the minerals.
- “Conveying the surface estate only…” This signals a severance. You’ll need to read referenced instruments.
- “Mineral estate reserved as set forth in instrument recorded in Clerk’s File No. ___.” Follow that reference to know exactly what was reserved.
- Lease habendum clause: “for a term of X years and as long thereafter as oil, gas, or other minerals are produced…” explains how long a lease stays in force.
Small wording differences matter. If language is unclear, plan on a legal review by a Texas oil and gas attorney.
What deeds and records reveal
Start with the last recorded deed. Look for express reservations and any phrases that limit the conveyance to the surface only. Then pull every referenced instrument. Exceptions often send you back in time to earlier severances, leases, or royalty deeds.
Follow the chain until you understand when and how the minerals split from the surface. In Fannin County, that means working through the County Clerk’s records, probates, and any assignments that transferred interests among heirs or companies.
Title commitments: what to watch
Your title commitment will outline what the title company will insure and what it will exclude:
- Schedule A identifies the property and vesting.
- Schedule B lists exceptions. Pay close attention to items that reserve or except oil, gas, or other minerals, any recorded oil and gas leases, pooling orders, or pipeline easements.
Standard owner’s policies often exclude minerals if the record shows a severance or active leases. A surface-oriented title search may not dig deep enough for complex mineral chains, so plan for additional mineral title work when needed.
Fast checks before you make an offer
Use these quick steps to size up mineral status early:
- Ask in writing whether mineral rights are included. Request a seller’s disclosure or affidavit.
- Read the seller’s deed for “excepting and reserving” language and note any referenced book and page or file numbers.
- Search Fannin County Clerk records for oil and gas leases, royalty deeds, or reservations tied to the legal description.
- Check Texas Railroad Commission databases for wells, permits, or production near the tract.
- Review Fannin County Appraisal District records for signs of mineral taxation or ownership different from the surface owner.
Contract protections that help
Add protective language to your agreement so you can exit or negotiate if mineral issues are not acceptable:
- Mineral-rights contingency allowing you to terminate if minerals are severed or title exceptions are unacceptable.
- Require the seller to provide evidence of mineral ownership, such as an owner’s affidavit or recent title work.
- Specify who pays for a mineral title opinion or curative work.
- Consider seller indemnity around undisclosed severed mineral interests.
Pre-closing due diligence
Once under contract, move beyond quick checks:
- Get the title commitment and read Schedule B line by line. Ask the title company to remove or cure exceptions that concern you.
- If Schedule B shows reservations or leases, order a mineral title opinion or have an oil and gas attorney review the chain.
- Pull Railroad Commission maps to confirm whether your tract lies within a spacing unit or pooling order.
- Confirm pipeline, road, or facilities easements. These can shape how you use the land.
- Consider a survey that shows recorded easements and lease-related features that depend on surveyed lines.
Risks and value drivers
Risks to surface owners
- Surface use impacts from roads, pads, production equipment, or water handling.
- Nuisance factors like noise, dust, traffic, and lights, plus safety concerns.
- Environmental risks, including spills or contamination disputes with operators.
- Title complexity that affects marketability or creates future claims.
Value when you own minerals
- Leases and production can generate royalty income and may increase tract value.
- Nearby activity or recent leasing can indicate prospectivity.
- Severed minerals often reduce value for lifestyle buyers and may complicate financing or insurance.
Negotiation levers
- Price adjustments for surface-only sales.
- Seller curative work or tailored title coverage to clarify mineral issues.
- Seller warranties or indemnities for undisclosed severances.
- Buyer approval contingency for mineral title and any leases or orders.
Fannin County specifics and local help
For a complete picture, combine county and state sources with local expertise:
- Fannin County Clerk for deeds, leases, easements, assignments, and probates.
- Fannin County Appraisal District for ownership and tax notes, including production-related records.
- Texas Railroad Commission for permits, well status, production volumes, and operator filings.
- County plat maps and survey records to confirm legal descriptions and acreage.
- Local title companies and oil and gas abstractors who know regional patterns like legacy leases and family-divided mineral ownership.
- Texas A&M AgriLife Extension, the State Bar of Texas Oil, Gas & Mineral Resources Law Section, and the Texas General Land Office for practical landowner guidance.
Smart questions to ask
Ask targeted questions so you can verify, not assume:
To the seller or listing agent:
- Are mineral rights included in the sale? If not, which recorded instrument severed them?
- Is there any current oil and gas lease, pooling order, or pending permit affecting the property?
- Have you received royalty payments for this tract in the past few years?
To the title company or abstractor:
- Does the commitment show any exceptions reserving or excepting oil, gas, or other minerals?
- What is the depth and date range of the mineral search? Was a separate mineral abstract performed?
- Are there recorded leases, assignments, pooling orders, or pipeline easements on or adjoining the property?
To an oil and gas attorney:
- Does the chain of title show a clear severance, and who owns the minerals today?
- What curative steps are available, and can we obtain insurance that fits a surface-only purchase?
- Is the tract within an active spacing unit or subject to orders that could allow development?
Red flags that warrant deeper review
- Deeds with express mineral reservations or references to prior severance instruments.
- Schedule B exceptions listing oil and gas leases, mining reservations, or recorded royalty deeds.
- Railroad Commission records showing permits, recent completions, or active production on or next to the tract.
- Multiple probates or many small fractional mineral owners.
- Recorded pipeline or transmission easements that affect use.
- Owner names that do not match across appraisal records and deed instruments.
Next steps
Your goal is simple: know what you are buying. Get it in writing from the seller, test it against the county and state records, and structure your contract so you can walk if the title picture does not match your plans. When the record is complex, add a mineral title opinion and the right local help.
If you are weighing acreage in Fannin County, you can tap a broker-led team that works in these files every week and coordinates with local title companies, surveyors, and attorneys. When you are ready to explore properties or discuss a plan tailored to your goals, reach out to Bois D'Arc Realty.
FAQs
What does “minerals reserved” mean on a Fannin County deed?
- It means a prior owner kept the oil, gas, and other minerals, so the surface sold without the subsurface rights.
Can a mineral owner access my Fannin County land to drill?
- In Texas, the mineral estate is generally dominant, allowing reasonable access for exploration and production subject to law and permits.
How do I quickly check for wells near a tract in Fannin County?
- Review Texas Railroad Commission maps and searches for wells, permits, and production associated with the legal description or nearby units.
Will a standard title policy tell me who owns the minerals?
- Not always. Many owner’s policies exclude minerals, and a routine search may not cover deep mineral chains without a separate mineral title opinion.
What contract terms protect me if minerals are severed?
- Use a mineral-rights contingency, require seller evidence of ownership, allocate costs for a mineral title opinion, and request curative work or indemnities.
Do severed minerals affect property value for lifestyle buyers?
- Often yes. Severed minerals can reduce value, limit use, or create uncertainty that some buyers price into their offers.
