When you own a property, it is essential to note that you may not own the mineral rights to the property. While you have a hold of the surface of your land, you may not own the rights to the subsurface or air above. Here are a few steps to get you started in discovering who owns the mineral rights to your property.
1. Do the minerals still exist?
Determine whether the minerals still exist on the property and how you came into possession of the property. In states like Texas, these do not become abandoned even if the property was. They could still belong to a previous owner or heir.
2. Gather information.
Your first step in determining who owns the mineral rights to your property is to gather your paperwork. Locate your deed as it may contain what you need. It is essential to be aware that it may not be 100% accurate. If you have what is called a fee simple title, this means that you own and have exclusive rights to the surface, subsurface, and air above your property.
Forums such as mineralrightsforum.com offer guidelines and links to resources before you go on to the next steps. The more information you can gather on your own, the easier the process.
3. Go to a courthouse.
Take the documents you have and head to the local courthouse in search of some free help. Mineralweb.com suggests speaking to a landman who is hired to research mineral rights ownership for companies interested in the minerals. Discuss with them where you own property, and they may have information to help you.
If speaking to a landman isn’t an option, head to the county offices. It is where you will be able to look into older records regarding previous ownership and deeds for your property. There may be information from an earlier owner to help you track down who exactly owns the mineral rights to your property.
4. Determine the chain of title.
According to clinemining.com, determining the chain of title is essential in discovering the mineral rights of your property as it has changed ownership. You should hire a title company to assist with this portion, as there can be gaps in the records. They would be able to verify the accuracy of your deed and inform you if the mineral right to your property was put up for sale. Be sure to clarify with the title agency how far back you would like them to search. The farther back they look, the more likely you are to find complete answers about your mineral rights.
5. Consider hiring a lawyer.
While it isn’t always necessary, if the answers are too difficult to find on your own, hiring a lawyer is an alternative. A lawyer can do the work of a title company as well as be able to assist you in retaining ownership of the mineral rights to your property if necessary.