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Landowners commonly sever and sell their mineral rights, often to big oil and gas exploration companies. The most common way of claiming mineral rights today is by buying them at auction or through private sales .
If an owner does not expressly retain the minerals when selling the surface, the mineral estate he owns automatically is included in the sale.
This means that the owner of the mineral estate has the right to freely use the surface estate to the extent reasonably necessary for the exploration, development, and production of the oil and gas under the property.
But, if after 10 years the mineral rights are not being exploited (there is no oil and gas exploration or production), then the mineral rights revert to the new surface owner.
In Texas, Oklahoma, Colorado and Montana, mineral owners can own the mineral rights indefinitely and there is no way for them to passively revert to the surface owner. If a surface owner wants to own the mineral rights under their land, they must find and contact the mineral owners and offer to purchase them.
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Like surface interests, mineral interests are passed down by inheritance. If there is a valid will, it controls who gets the property. If not, Texas laws of heirship controls.
If youve recently inherited the mineral rights to a piece of property, you might want to cash in on them as fast as possible. While the oil industry today isnt quite like the Beverly Hillbillies, you can still make a lot of money owning mineral rights.
The only way to determine your rights is to conduct a search of the public land records in the county where the property is located. All the deeds conveying the property must be reviewed. This is known as reviewing the propertys Chain of Title.
While both surface and mineral rights are generally conveyed when the landowner acquires the land, it is far more common for the seller to retain mineral rights than surface rights (or for prior sellers in the chain of title of the property to have retained the mineral rights).
One quick and dirty approach is the rule of thumb. Those following the rule of thumb say that mineral rights are worth a multiple of three to five times the yearly income produced. For example, a mineral right that produces $1,000 a year in royalties would be worth between $3,000 and $5,000 under the rule of thumb.

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