How do I find a record of family mineral rights in TX?

Question

My grandmother sold some land in North TX but deed states she keeps ownership of the mineral rights. She has since passed away and I cannot locate the record. How do I locate the record and stake claim? Thank you!

Answer 1

I'm not sure the previous post was entirely accurate.  We aren't talking about the property itself, we're talking about mineral rights that were (hopefully) properly deeded before your grand mother's passing.  Call a Title Insurance company in the area and ask them to help you out.  If you know where the property  is (address? or general area?)  they can probably locate the record for you.  The deed stating she kept the mineral rights is recorded at the County Clerk and Recorder's office, so a search of their records should reveal an official copy of the document you need.  Oil & Gas and mineral rights are a big deal right now, my hubby researches these rights in the Western US and they are so busy they can't keep up.  It's a good time to see what kind of value those rights have now.  Once you find the record I'm unsure how you actually stake the claim, but here's a website to a company that may be able to offer advice.

Oh, and yes, the process of finding out who owns these mineral rights after you grandma's passing, her children and their children.....yeah, it's going to be hairy!

Answer 2

You may find that difficult, if not, legally impossible to do.

All you have to have is the address of the property or a lot number that she owned and the county records should go back better than 100 years.  They can research what is called a "chain of title".

If she sold the land and kept the mineral rights, then that would have passed to your mother or father (you didn't say which grandparent), and unless they changed it into their name during that lifetime, if they are dead, then so is your deal.

If your parent is still alive, it's not yours to claim.

The reason I know this to be a fact, is here is what happened in our own family.

1.  House owned by my grandfather, in his name, he was married his whole life to my grandma, he died in 1972.

2.  My grandma never changed the deed in her name, left it in her husband's name, she died in 1979.

3.  My mother assumed from 1979 to 2004, all taxes, maintenance, etc to the home (that could be proven...she kept good records)...she died in 2004 but she tried to get the house in her name before she died and could not.  

The state said that since my grandma didn't have it in her name, she had the right to stay there, but no legal right to leave it to anyone else b/c of it, and it didn't automatically go to my mother when she died, again, b/c it wasn't in her name.

Also, most states have a clause that if a claim isn't made within X number of years on a property, you LOSE the right to make that claim.  

That prevents people from coming up 30 years later with a claim such as yours, and trying to dig up someone's property where they have a home.