Mineral Rights When You Buy Texas Land: Surface vs. Mineral Estate, What "50% Convey" Means, and How to Check Who Owns Them (2026)

In Texas the minerals under a tract can belong to someone other than the surface owner, and title insurance does not tell you who. Here is how severance works, how to read a mineral clause, and how to find out what you are actually buying.

Rodrigo Blanco, Founder & CEO of TerraFunded

Published: 2026-11-09

TL;DR

Texas land has two estates that can be owned separately: the surface and the minerals. A prior owner can sever the minerals by reserving them in a deed or selling them, so the person selling you the surface may own all, part or none of the minerals.
"50% of mineral rights convey" means you receive an undivided half of whatever mineral interest the seller owns, not necessarily half of all the minerals under the tract.
Title insurance does not answer the question. Under Texas Department of Insurance rules, a title policy is not an abstract of title and the title company has no obligation to determine who owns the minerals; policies typically except them.
The mineral estate is "dominant": whoever holds it (or leases it) may use the surface as reasonably necessary to develop the minerals, within limits set by contracts and Texas case law.
To check ownership, read the deed clause, the title commitment and the county deed records, look at Railroad Commission well maps, and for certainty hire an oil and gas attorney or landman.
At TerraFunded, mineral rights vary by property (some include them, some convey 50%, some exclude them), and each property page states which.

I'm Rodrigo Blanco, Founder & CEO of TerraFunded. "Do the mineral rights come with it?" is a fair question on any Texas tract, and it deserves a precise answer. This guide explains what the mineral estate is, how to read the clause in your contract, and how to verify what you are buying, using Texas statutes, state agency rules and Texas A&M AgriLife's landowner handbook.

Two estates in one tract

Texas A&M AgriLife's Owning Your Piece of Texas explains that the ownership of the mineral estate can be separated, or "severed," from the surface. One person can own the surface while another owns the minerals, and both can be owned by several people at once; multiple fractional mineral owners are not uncommon in Texas. Groundwater and wind rights have been severed in Texas too.

Severance usually happens one of two ways:

By reservation: an owner of both estates sells the surface and keeps the minerals. The handbook notes the reservation must be expressly stated in the sales contract and deed.
By conveyance: the owner keeps the surface and sells or transfers the minerals, which should be documented and recorded in the county deed records.

Because each sale can split the minerals again, a tract's mineral title can be a long chain of fractions going back decades.

What the mineral estate includes

The Texas Real Estate Commission's mineral reservation addendum (TREC No. 44-3) gives a useful working definition. The "Mineral Estate" includes the oil, gas and other minerals that may be produced from the property, royalties under existing or future leases, executive rights (the right to sign a lease), implied rights of ingress and egress, exploration, development and drilling rights, and lease payments. It does not include water, sand, gravel, limestone, building stone, caliche, surface shale, near-surface lignite or iron, although it does include reasonable use of those surface materials to develop the minerals.

Texas A&M describes mineral ownership as a "bundle of sticks" that can be split among different people:

Right	What it means
Right to develop	Enter and drill, usually transferred to an oil and gas company through a lease
Executive right	The right to sign a lease; the holder owes non-executive owners a duty of "utmost good faith and fair dealing"
Bonus	The up-front payment for signing a lease, negotiated and usually not written in the lease itself
Royalty	A share of production revenue under the lease terms
Delay rentals	Yearly payments during the primary term; rare now because most new leases are "paid up"

Why it matters even if you never lease: the dominant estate

Texas treats the mineral estate as dominant and the surface as servient. According to Texas A&M, the mineral owner or lessee may use as much of the surface as is reasonably necessary to explore, develop, produce, transport and store the minerals, with no general obligation to compensate the surface owner. Courts have allowed roads, well sites, pipelines, pits and the use of water for operations, among other things.

The right has limits:

Contracts. A lease or a surface use agreement can restrict where and how operators work. Texas has no statute requiring a surface use agreement, so it must be negotiated.
Reasonableness and negligence. Uses must be reasonably necessary, and operators are liable for negligent damage.
Notice. Under Natural Resources Code Section 91.753, an operator must give the surface owner written notice no later than the 15th business day after the Railroad Commission issues a permit to drill a new well or reenter a plugged one, unless the owner agreed otherwise or waived it in writing. Section 91.755 says this notice rule does not change the mineral estate's dominance.
Accommodation doctrine. An operator must accommodate an existing surface use only if the use would be substantially impaired, the surface owner has no reasonable alternative on the tract, and the operator has a reasonable alternative. In Merriman v. XTO, the Texas Supreme Court found the doctrine did not apply because the rancher could have worked cattle elsewhere on the property.

Reading "included," "50% convey" and "excluded"

These phrases describe what the seller is passing to you. TREC's addendum makes the key point in its own text: when a seller reserves a fraction, it is a fraction of the mineral estate "owned by Seller," and if the seller does not own all of it, the percentage applies only to the seller's interest.

Listing says	What you receive	Example
Included	Whatever mineral interest the seller owns	If the seller owns 100%, you get 100%; if the seller owns 25%, you get 25%
50% convey	An undivided half of the seller's mineral interest; the seller keeps the other half	If the seller owns 100%, you own 50% as a co-owner; if the seller owns 50%, you get 25% of the whole
Excluded	None of the seller's mineral interest; you buy the surface	The seller or earlier owners keep the minerals and the dominant-estate rights

Two practical consequences of a 50% conveyance. First, you become a co-owner of the minerals with the seller, and under Texas A&M's explanation each co-owner generally holds its own share of the executive right unless the deed says otherwise. Second, the exact wording of the deed controls. TREC's addendum warns that conveying or reserving parts of the mineral estate separately "may have unintended consequences" and that precise language is essential, so have an attorney read the clause.

How to check who owns the minerals

Read the contract and deed language. Look for the mineral clause and any reservation of executive rights or royalties.
Read the title commitment. TDI's Procedural Rule P-5.1 says a title policy "is not an abstract of title nor does a Company have an obligation to determine the ownership of any mineral interest," and allows an exception in Schedule B for all recorded mineral leases, grants, exceptions or reservations "whether listed in Schedule B or not." The commitment form itself warns that with that exception, neither the policy nor optional endorsements ensure you have title to the minerals. Still, any reservations or leases listed are clues.
Search the county deed records. Texas A&M cautions that tracing the chain of title to confirm no minerals were ever reserved is complex and time consuming, even for experienced attorneys.
Look at nearby activity. The Railroad Commission's Public GIS Viewer maps wells and permits, and the RRC provides reported production data online from January 1993 forward. The RRC has no authority over lease and royalty matters, though, so it will not tell you who owns what.
Check the appraisal district. Texas appraises oil and gas interests in place (Tax Code Section 23.175), so producing minerals may appear as separate accounts in CAD records.
Check for state-owned minerals. The General Land Office explains that under the 1919 Relinquishment Act, the State owns the minerals in land sold with a mineral classification between September 1, 1895 and August 21, 1931. On those lands the surface owner acts as the State's leasing agent, using a GLO lease form, and receives half of the bonus, rental and royalty.
For certainty, hire a professional. TREC's addendum states that a full title examination by an attorney with expertise in this area is the only proper way to determine mineral title with certainty. A landman can prepare the run sheet of the chain of title.

If you do own minerals: leases and royalties

If you own part of the minerals, an oil and gas company may someday offer you a lease. Texas A&M recommends an oil and gas attorney for any lease and notes that royalty clauses are complex, especially around deductions. A few fixed points:

Bonus and royalty are negotiated. The handbook says a landowner today might commonly see a one-quarter royalty on market value at the well, as one example, but nothing is standard until it is in writing.
Payment timing is set by statute. Natural Resources Code Section 91.402 requires proceeds to be paid within 120 days after the end of the month of first sale, and then on the schedule in the lease. If the lease is silent, oil proceeds are due within 60 days and gas within 90 days after the end of the month of sale.
Division orders. Before paying, the payor may require a signed division order showing your decimal interest. Section 91.402 states a division order does not amend your lease.

Protecting the home site

If someone else holds the minerals, you cannot stop development, but you can plan around it.

Ask about an endorsement. When a policy excepts minerals, TDI's Rule P-50.1 allows a Minerals and Surface Damage Endorsement on request if the insurer's underwriting standards are met (Form T-19.3 for most rural land). T-19.3 covers loss from damage to permanent buildings caused by the future exercise of existing surface rights for mineral development. It excludes contamination, explosion, fire, fracturing, vibration, earthquake, flood, subsidence and negligence.
Know what is nearby on the RRC map before choosing where to build.
Negotiate when you can. If you own part of the minerals, surface protections belong in any lease you sign.

How it works at TerraFunded

Mineral rights vary by property at TerraFunded: some properties include them, some convey 50%, and some exclude them. Each property page states which applies, so read it before you reserve. Every sale closes at a licensed Texas title company, where you receive the title commitment before closing and, as part of closing, a Warranty Deed recorded in your name and an owner's title insurance policy. Read Schedule B of the commitment for any mineral exceptions. The land is legally yours from closing day, not when you finish paying. Browse current tracts on the marketplace, see how it works, and use our rural land checklist for the rest of your due diligence.

Frequently asked questions

Do I get the mineral rights when I buy land in Texas?

Only if the seller owns them and the deed conveys them. Minerals are often severed by earlier owners, and a seller can pass only what it owns. Read the mineral clause, the title commitment and, for certainty, get an attorney's title examination.

What does "50% of mineral rights convey" mean?

You receive an undivided half of the mineral interest the seller owns, and the seller keeps the other half. If the seller owns all the minerals, you own 50% as a co-owner; if the seller owns only part, you get half of that part.

Does title insurance cover mineral rights in Texas?

Generally no. TDI rules say a title policy is not an abstract of title and the insurer has no obligation to determine mineral ownership, and policies commonly except recorded mineral interests. An optional endorsement can cover certain surface damage to permanent buildings, but it does not insure mineral title.

Can an oil company drill on my land if I don't own the minerals?

Yes, the holder of the mineral estate or its lessee can use the surface as reasonably necessary to develop the minerals. Limits come from contracts, negligence law, the statutory notice of a new drilling permit and the narrow accommodation doctrine.

How do I find out who owns the minerals under my land?

Start with the deed, the title commitment and the county deed records, and check RRC well maps and CAD mineral accounts for activity. A landman or oil and gas attorney can trace the full chain of title, which TREC calls the only proper way to know with certainty.

Who regulates oil and gas leases and royalties in Texas?

The Railroad Commission regulates drilling and production but has no authority over lease and royalty matters; those are contract questions between owners and companies. Royalty payment timing is set by Natural Resources Code Section 91.402.

Can the State own the minerals under private land?

Yes, in some cases. Under the Relinquishment Act, the State owns the minerals in land sold with a mineral classification between 1895 and 1931, and the surface owner acts as the State's leasing agent, sharing half of the bonus, rental and royalty.

Sources

Texas A&M AgriLife Extension, Owning Your Piece of Texas (2023): https://agecoext.tamu.edu/wp-content/uploads/sites/5/2023/10/Owning-Your-Piece-of-Texas.pdf
Texas Real Estate Commission, Addendum for Reservation of Oil, Gas, and Other Minerals (TREC No. 44-3): https://www.trec.texas.gov/sites/default/files/pdf-forms/44-3.pdf
Texas Department of Insurance, Title Manual Procedural Rule P-5.1 (minerals exception): https://www.tdi.texas.gov/title/titlem4a.html
Texas Department of Insurance, Procedural Rule P-50.1 (Minerals and Surface Damage Endorsements): https://tdi.texas.gov/title/titlem4l.html
Texas Department of Insurance, Commitment for Title Insurance (Form T-7): https://www.tdi.texas.gov/title/documents/form_t-07.pdf
Texas Department of Insurance, Minerals and Surface Damage Endorsement (Form T-19.3): https://www.tdi.texas.gov/title/documents/form_t-19-3.pdf
Texas Natural Resources Code Chapter 91 (Sections 91.402 and 91.751 to 91.755): https://statutes.capitol.texas.gov/Docs/NR/htm/NR.91.htm
Texas Tax Code Chapter 23 (Section 23.175, oil or gas interests): https://statutes.capitol.texas.gov/Docs/TX/htm/TX.23.htm
Railroad Commission of Texas, Royalties FAQ: https://www.rrc.texas.gov/about-us/faqs/royalties-faq/
Railroad Commission of Texas, Public GIS Viewer: https://gis.rrc.texas.gov/GISViewer/
Texas General Land Office, Guidelines for Leasing Relinquishment Act Lands: https://www.glo.texas.gov/sites/default/files/2025-10/Guidelines for Relinquishment Act Leasing.pdf

This article is for general information only and is not legal advice. Mineral title is complex; consult a licensed Texas real estate or oil and gas attorney before you buy or sign a lease.

For the interactive version with related properties and contact info, please visit the original article.