What should Texas land owners know about their rights?

Posted by iLawyer on Feb 15th, 2021 Firm News, Mineral Rights

Did you know that more than 95% of Texas land has private ownership? If you own land in Texas, understanding your ownership rights can help you protect this valuable asset.

These are three key points to know about land ownership rights in Texas if you have or plan to purchase part of the Lone Star State.

Review deed records

These documents provide important details about your land, including existing liens and easements. They also detail whether a prior owner has severed wind, mineral or groundwater rights from the land to earn money from selling or leasing these rights.

Understand mineral rights

Texas mineral rights typically have five components:

  • The executive right, which is the power to lease the minerals
  • The right to develop the minerals
  • The right to receive delay rentals
  • The right to receive royalty payments
  • The right to receive bonus payments

A separate party may own each of these rights, so you must research the details of how these components apply to your land. In addition, some of these rights may carry the implied right to use the land surface.

Protect personal liability

As a landowner, you may want to promote recreation on your land. Texas allows you to do so without risking your personal liability as long as you have agricultural land, have insurance and do not charge fees exceeding your annual property tax costs. These provisions do not protect against gross negligence or intentional acts, however.

Before purchasing land or selling or leasing land rights in Texas, carefully review all available legal paperwork so you can fully understand your circumstances.