Does a Texas deed need to explicitly address mineral rights and easements?
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In Texas, mineral rights are considered a separate estate from surface rights. This means that if the mineral rights have been sold separately, they do not automatically transfer with the sale of the land unless explicitly stated otherwise. Since the mineral rights were sold before you or your parents owned the property, they would not be included in the deed unless specifically mentioned (Texas Property Code § 5.021).
Easements, on the other hand, are typically recorded with the county and run with the land. This means that any existing easements would continue to apply to the property regardless of the change in ownership. They are generally binding on subsequent owners unless they are terminated or modified by agreement (Texas Property Code § 21.042).
1. Understanding Mineral Rights in Texas
Since the mineral rights have already been sold, they are not part of the current transaction, and the existing records at the county will continue to take precedence.
2. Easements and Their Implications
These easements are binding on subsequent owners unless they are terminated or modified by agreement.
3. Creating a Simple Deed
When drafting the deed, you can keep it simple by not mentioning the mineral rights, as they are already accounted for separately. Ensure that the deed accurately reflects the transfer of the surface rights and any other specific agreements you have with your parents.
4. Legal Considerations
It's always a good idea to have a real estate attorney review the deed to ensure all necessary details are included and there are no potential issues. This can help prevent any future disputes or misunderstandings regarding the property rights.
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.
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Hi, my parents are deeding my wife and me a couple of acres. If mineral rights and existing easements, etc., aren't explicitly mentioned in the deed, is that okay?
I understand your concern about the deed. Were mineral rights and existing easements discussed or agreed upon before the deed was prepared?
My parents and I are both aware that the mineral rights were already sold before any of us owned the property. We didn't explicitly discuss them regarding this deed, but we're not expecting them to convey to us or anything, since my parents don't own them to begin with. I just want to make sure that if they aren't specifically addressed, it won't cause any issues. The mineral rights, etc., are already on record with the county.
Have you consulted with a real estate lawyer to review the deed and ensure all necessary details are included?
Not previously. I thought that was part of what the chat was for.
Is there anything else the lawyer should know before I connect you?
No, I don't think so.
Hey there! Welcome to AskaLawyer. I'm Ray, an attorney with many years of experience. Could you share if there are any specific concerns or questions you have about the deed that haven't been covered yet?
Hi, per the things I mentioned above, I would like to make the deed we are creating as simple as possible. If I don't explicitly mention mineral rights, I just want to make sure that won't cause any issues.
Got it, thanks for sharing that. Just to make sure I give you the best advice, could you let me know which state or region you're in? Also, are there any other specific concerns or details about the deed that you think might be important?
We're in Grayson County, Texas.
So they can only convey what they own. If they already deeded it away they don't own it. Same with recorded easements they transfer with property to you.
The mineral rights to the overall property, including the piece we've surveyed out, have already been sold previous to any of us owning the property.
In Texas, mineral rights are considered a separate estate from surface rights. This means that if the mineral rights have been sold separately, they do not automatically transfer with the sale of the land unless explicitly stated otherwise. Since the mineral rights were sold before you or your parents owned the property, they would not be included in the deed unless specifically mentioned (Texas Property Code § 5.021).
Easements, on the other hand, are typically recorded with the county and run with the land. This means that any existing easements would continue to apply to the property regardless of the change in ownership. They are generally binding on subsequent owners unless they are terminated or modified by agreement (Texas Property Code § 21.042).
1. Understanding Mineral Rights in Texas
Since the mineral rights have already been sold, they are not part of the current transaction, and the existing records at the county will continue to take precedence.
2. Easements and Their Implications
These easements are binding on subsequent owners unless they are terminated or modified by agreement.
3. Creating a Simple Deed
When drafting the deed, you can keep it simple by not mentioning the mineral rights, as they are already accounted for separately. Ensure that the deed accurately reflects the transfer of the surface rights and any other specific agreements you have with your parents.
4. Legal Considerations
It's always a good idea to have a real estate attorney review the deed to ensure all necessary details are included and there are no potential issues. This can help prevent any future disputes or misunderstandings regarding the property rights.
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.
Thank you Ray, yes that was helpful!
You're very welcome! I'm glad I could help. If you have any more questions in the future, don't hesitate to reach out. Have a blessed day!
You as well!
