Selling Texas Land and Mineral Rights: What Transfers and What You Keep
In Texas, the minerals go with the land unless the deed reserves them, and many tracts had them split off long ago. Here is how to check what you own, how producing minerals are taxed, what the law says about late or missing royalty checks, and whether to sell with or without them.
Updated Nov 3, 2026 · By the Twin Sun Land Company team
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The short version
- A deed passes the minerals unless it reserves them (Property Code § 5.001).
- Check the deed records, the appraisal district and the RRC well map.
- A mineral in place is real property for Texas tax (Tax Code § 1.04).
- Royalties: first check within 120 days, then 60 (oil) or 90 (gas) days (Nat. Res. Code § 91.402).
- Unclaimed royalties go to the Comptroller after 3 years (Property Code § 75.101).
Do mineral rights go with the land when I sell in Texas?
Yes, unless the deed says otherwise. A Texas deed passes the whole estate unless express words limit it (Property Code § 5.001), so minerals you own go to the buyer unless the deed reserves them. On many tracts, though, an earlier owner already split the minerals off, so you may own only the surface.
To keep your minerals, the deed has to say so: a reservation of all or part of the mineral estate, written into the deed you sign. To find out what you own today, read every deed back to the last one that mentions minerals. The title company does this in its search, and its commitment will list any mineral reservations it finds.
How do I find out if I own the minerals under my Texas land?
Check three places. The county clerk’s deed records show any earlier reservation. The appraisal district lists mineral accounts separately, because a mineral in place is real property for tax purposes (Tax Code § 1.04). The Railroad Commission’s map shows any wells and leases near your land.
- Deed records. Search the county clerk’s records for every deed on the tract and look for words like “save and except” or “reserves” followed by minerals or royalty.
- Appraisal district. Search by your name, not just the parcel. A separate mineral account in your name usually means you own a producing interest.
- Railroad Commission. The RRC Public GIS Viewer maps wells and leases statewide, and well records come as one PDF per lease.
- Old checks or division orders. If a parent received royalty checks, the operator’s name on them is your fastest lead.
Do you pay property tax on Texas mineral rights?
Yes, if they produce. A mineral in place counts as real property in Texas (Tax Code § 1.04), and a producing oil or gas interest is appraised from last year’s average price, adjusted by a federal price forecast, with future income discounted to today (§ 23.175). Small or non-producing interests often carry little or no bill.
The mineral account is separate from your surface account, and the bill usually goes to whoever the operator lists as the owner. If you inherited minerals and the bill still goes to a parent, update the records before you sell so the tax and the royalties both follow the right owner.
What if Texas royalty checks are late or stopped coming?
Texas sets deadlines. The first royalty payment is due within 120 days after the end of the month of first sale, then within 60 days for oil and 90 days for gas, unless the lease says otherwise (Natural Resources Code § 91.402). Late payments earn interest at two points above the New York Fed’s rate (§ 91.403).
If the operator cannot find you, unpaid royalties go to the state. Mineral proceeds unclaimed for more than three years are presumed abandoned, and so is the right to receive them (Property Code § 75.101). Search your name and your parents’ names on ClaimItTexas.gov, the Comptroller’s free unclaimed property site.
An operator may pay once a year when it owes you $100 or less in total (§ 91.402(f)), so a small check that comes once a year is not necessarily late.
Should I sell Texas land with or without the minerals?
It depends on what the minerals earn and how long you want to wait. Minerals with steady royalties can be worth keeping or selling separately. Unleased minerals under land with no nearby wells often add little to a cash offer. We buy Texas land either way, with or without the minerals, and you choose.
If you sell to us: We pay all closing costs (title, closing fee, notary and recording), and there is no commission. Texas has no transfer tax or deed stamps. Only a mortgage, liens or back taxes owed on the land come out of the sale proceeds, paid off by the title company at closing. We write down in the offer whether the minerals are included, so the deed matches what you agreed to. How selling land in Texas works · Texas land prices per acre · inherited Texas land.
Please note. General information, not legal advice. Laws change and every title is different, so confirm your situation with a Texas attorney or your county tax office before you act.
Who wrote this. Twin Sun Land Co. is a direct cash buyer of vacant and rural land in Oklahoma and Texas. We are one of the options on this page, so we have a stake in the answer. Our mission: Twin Sun Land Company exists to serve landowners: we make selling land simple, transparent, and fair, so every owner walks away with the most value their property can bring. The Texas rules here come from the Texas statutes linked in the sources.
Frequently asked questions
Do mineral rights automatically transfer with land in Texas?
Yes, unless the deed reserves them. A conveyed estate is a fee simple unless express words limit it (Property Code 5.001).
How do I know if I own the mineral rights to my Texas land?
Read the deeds in the county clerk’s records for reservations, check the appraisal district for a mineral account in your name, and look for wells on the Railroad Commission’s GIS map.
Are mineral rights taxed in Texas?
Producing interests are. A mineral in place is real property (Tax Code 1.04), and producing oil and gas interests are appraised from prices and projected income (Tax Code 23.175).
How long does an oil company have to pay royalties in Texas?
The first payment is due within 120 days after the end of the month of first sale; after that, 60 days for oil and 90 for gas unless the lease sets other terms (Natural Resources Code 91.402).
What happens to unclaimed royalties in Texas?
After more than three years unclaimed, they are presumed abandoned and go to the Comptroller (Property Code 75.101). Search ClaimItTexas.gov for free.
Can I sell my Texas land and keep the mineral rights?
Yes. The deed has to reserve them in writing. We buy Texas land with or without the minerals, your choice.
Sources
Every rule on this page comes from the Texas Property Code, Tax Code and Natural Resources Code, read October 29, 2026, plus the Railroad Commission and Comptroller sites. How to cite: Twin Sun Land Company team, “Selling Texas Land and Mineral Rights,” Twin Sun Land Co., October 2026.
- A conveyed estate is a fee simple unless express words limit it: Property Code § 5.001
- A mineral in place is real property for Texas property tax: Tax Code § 1.04
- How a producing oil or gas interest is appraised: Tax Code § 23.175
- Royalty payment deadlines: 120 days first, then 60 (oil) or 90 (gas); $100 or less may be paid yearly: Natural Resources Code § 91.402
- Interest on late royalty payments: Natural Resources Code § 91.403
- Unclaimed mineral proceeds presumed abandoned after 3 years: Property Code § 75.101
- Wells, leases and operators on a map; well records by lease: RRC Public GIS Viewer, RRC well records online
- Search unclaimed royalties held by the state: ClaimItTexas.gov (Texas Comptroller)
More for Texas landowners
Last updated Nov 3, 2026. General information, not legal, tax or financial advice.
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