The only way to be sure that a deed actually conveys mineral rights is to research the chain of title to confirm the mineral rights were not previously severed and are still a part of the fee simple estate, or if they were severed from the fee simple estate, the title abstractor must research the current owner of the …

What is mineral deed?

This legal document conveys the actual rights to the minerals while still remaining separate from the surface rights. A mineral deed can convey either 100 percent of the rights, or a percentage of those rights. If a percentage is granted with this legal document, then the holder of that grant owns that percentage.

What is mineral reservation?

A mineral reservation is a severed “subsurface” parcel in separate ownership from the rest of the land. Prior owners could have sold minerals to a third party or leased it for the purpose of extracting something and collecting rent and royalties.

What is the difference between royalty and mineral interest?

A “mineral interest” is the real property interest created in oil and gas after a severance of those minerals from the surface estate. A “royalty interest,” on the other hand, is the property interest created that entitles the owner to receive a share of the production.

What kind of title do I need for mineral rights?

Fee simple title is ownership of land that includes both the surface and the subsurface. It also includes the air above the property. If there are minerals below the surface of your property, then you will own the mineral rights if you own the land in “fee simple.” Fee simple title, however, can be carved up.

How can I find out my mineral rights for free?

Mineral owners can even use this free information to check their royalty payments. To begin, you must locate your mineral property. On LandGate’s map, you can search using an API number (a number identifying an oil or gas well), County name, or Township Range Section.

Where can I get a copy of my mineral rights deed?

If you do not already have a copy, then go to the county Recorder’s office and get a copy. Look to see if you were conveyed fee simple title to the property. If mineral rights are owned wholly or in part by someone else, then the deed should note that fact. You also should be aware that property deeds can sometimes be inaccurate.

When did the US start claiming mineral rights?

In other nations, governments typically claim minerals that exist underground. U.S. lawmakers passed the General Mining Law in 1872 to encourage settlers to move out west. Today, the 19th century measure still rules the land, read more about how this could impact your property rights. Do you own the mineral rights to your land?