Real Estate Market Woes: Mineral Rights in Texas

As a first-time homebuyer in the Dallas/Fort Worth area, I thought I had very carefully prepared myself for all that the process would involve, including gathering income and financial documentation, qualifying for a mortgage, arranging for a thorough inspection, evaluating needs and desires from a home and finding a reputable agent to represent my interests. One area I never considered, however, was the issue of mineral rights. To be perfectly honest, although I'd heard the term, I'd never given consideration to what it actually meant. But that all changed in the middle of my home buying process - and I'd like to share with you the knowledge I've gained through extensive research I completed to protect my own rights and the rights I would possess as a soon-to-be homeowner.

According to property law, two different forms of rights exist in any real property: surface rights and mineral rights. Surface rights refer to any structure erected above the surface or sub-surface structures that do not exceed a certain depth, as well as rights to use all surface property surrounding structures in accordance with zoning ordinances. Mineral rights refer to mineral substances below a certain depth and the way in which they are preserved, explored or extracted. These mineral substances can include natural gas, oil, or any other substance in common use today that can be mined or otherwise extracted from below the surface. Local laws set the depth below which surface rights terminate and mineral rights exist. This issue is especially relevant to residents of the Dallas/Fort Worth area, as sections of the Barnett Shale running under Fort Worth have been found to hold large stores of precious minerals, and oil and gas companies are moving quickly to act on those stores.