How to Research Mineral Rights

Researching mineral rights is a time consuming process.

The United States permits "split-ownership" when it comes to surface and mineral rights. This can complicate the process of determining ownership of mineral rights. Owning the surface rights doesn't necessarily mean that you own the mineral rights. Individuals or corporations interested in prospecting for minerals on a piece of land must purchase the mineral rights, and the first step is determining the current owner.

Instructions

1. Obtain the property's warranty deed. The property's owner should have a copy of the warranty deed. If you are not the property owner, you will have to visit the local county courthouse, and obtain the warranty deed.

2. Once you have the warranty deed, the first place you should look is the reservation section. To reserve mineral rights, the surface rights owner must include a reservation in the property deed. The reservation will state something that indicates that mineral rights will not be sold with the property. If there is such a statement, then the current owner of the property's surface rights also holds the mineral rights. If not, proceed to the next step.

3. Look for the "Title Policy Schedule" in the warranty deed. In this section, look under schedule "A" "vesting." If there is a reference here that says something along the lines of "surface only..." then most likely a previous owner reserved the minerals to the property. If there is nothing listed in schedule "A" look at schedule "B" for a similar reference.

4. Continue to back-track through the property's past warranty deeds until you find any notes pertaining to mineral reservations. Follow Steps 1 to 3 as listed above.

Tips & Warnings

• To have the warranty deed in possession, the property owner must own the property outright (not have a mortgage). To obtain the warranty deed, you will have to visit the county courthouse local to the property in question. There is no straight answer in determining mineral rights ownership. If you are unable to determine mineral rights ownership by yourself, consider hiring a landman. Landmen specialize in determining mineral rights ownership; however, they are expensive to hire and usually charge a per diem rate.

• Determining mineral rights is a very complicated process. If you are lucky, mineral rights ownership will be listed on the current title-deed. However, the process of determining mineral rights ownership will most likely require a considerable amount of back-tracking. Be prepared to spend a good chunk of time researching.

References

• North Hills Mineral Owners Coalition: How to Research Mineral Rights

Resources

• American Professional Association of Landmen