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A quick overview of the differences between mineral rights and royalty interests shows a mineral interest is a real property interest obtained by severing the minerals from the surface and a royalty interest grants an owner a portion of the production revenue generated.
A special warranty deed guarantees two things: The grantor owns, and can sell, the property; and the property incurred no encumbrances during his ownership. A special warranty deed is more limited than the more common general warranty deed, which covers the entire history of the property.
Mineral rights deeds are not the same as royalty deeds. Royalty deeds do not allow for surface access, or for the initiation of the extraction and sale of minerals. A royalty owner will only benefit economically if the mineral owner decides to produce and sell the minerals.
Even if mineral rights have been previously sold on your property, they could be expired. There is no one answer to how long mineral rights may last. Each mineral rights agreement will have different terms. A mineral rights agreement may range from a few to 20 years.
An owner may receive royalty checks from producing mineral rights, most often from oil and gas companies in Texas. Non-producing mineral rights tend to be of less value. A fee simple deed conveys complete ownership of the property, meaning that the owner has both surface rights and mineral rights.
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What Is A Royalty Deed? A royalty deed gives its holder the right to receive a percentage of the profits from the sale of the minerals, if and when they are actually produced. This kind of legal document does not convey all of the mineral rights to the holder, only the right to receive royalties.
Unlike a mineral interest owner, a royalty interest owner does not possess executive rights. In addition, a royalty interest owner does not possess the right to receive lease bonuses, delay rental payments, or shut-in payments.
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.
Your mineral rights are worth what a buyer is willing to pay TODAY, based on the current market value. It may take years for oil prices to go up or for a new well to be drilled. If you are serious about selling mineral rights you need to be willing to accept the market value.
Investing your money earned from your mineral rights can be endlessly rewarding. When done correctly, the investment will often pay itself off and can provide you another source of income, be used to pay off a mortgage, or be used to start a college fund for your children or grandchildren.

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