lawyer who deals with mineral rights

by Dr. Deven Kihn DVM 10 min read

Does a mineral owner need a lawyer?

Mineral / Royalty Rights Disputes. The right to own land, and own the minerals beneath that land, is one of the greatest privileges we have in this Country. As such, ownership of Mineral and Royalty Rights has been fought with guns and gavels in this country for over a hundred years. Oil and Gas companies have wrongfully cheated consumers out ...

Are mineral rights considered real or personal property?

 · To ensure that your rights are fully protected, consult a skilled oil and gas lawyer from the Padua Law Firm. Types of Oil, Gas and Mineral Rights Cases We Handle: Padua Law …

What exactly are mineral rights?

If you are purchasing or own mineral rights, contact Attorney Search Network for a free lawyer referral. If you have any questions about the information provided above, please contact us. …

How to file mineral rights?

Learn about mineral rights, we represent landowners all over Ohio at Eques and help you protect what is rightfully yours. Mineral rights attorney. 330.231.1195. ... The stakes are high in oil and …

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How much money can you make from mineral rights?

If you have a property that does not currently produce royalty income and you do not have an active lease, the value is nearly always under $1,000/acre. The average price per acre for mineral rights that are not leased is between $0 and $250/acre.

What happens to mineral rights when someone dies in Texas?

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.

Can you make money with mineral rights?

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.

Should I ask for mineral rights?

Mineral rights don't come into effect until you begin to dig below the surface of the property. But the bottom line is: if you do not have the mineral rights to a parcel of land, then you do not have the legal ability to explore, extract, or sell the naturally occurring deposits below.

Do mineral rights expire in Texas?

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.

What to do when you inherit mineral rights?

To transfer inherited mineral rights: A mineral title search must be performed by an attorney or title company to ensure that your deceased loved one had the legal right to convey the property.

Is now a good time to sell mineral rights?

When it comes to mineral rights, the standard admonition has long been consistent and emphatic: Avoid selling them. After all, simply owning mineral rights costs you nothing. There are no liability risks, and in most cases, taxes are assessed only on properties that are actively producing oil or gas.

How much money can you make if you find oil on your land?

How much do oil companies pay landowners? In general, two to five hundred dollars per acre are typical. Landowners may only receive the bonus once when the lease is signed, and it may be the only money they receive.

How can I make money off my land?

More videos on YouTubeUse the land as RV storage. Just like boats, RVs are often difficult to store. ... Create a campground. ... Invest in solar energy. ... Build horse stables. ... Rent plots to build a community garden. ... Grow flowers to sell at a farmer's market. ... Create a pet sitting business. ... Offer indoor and outdoor storage.

How do you determine the value of mineral rights?

As a mineral rights value rule of thumb, the 3X cash flow method is often used. To calculate mineral rights value, multiply the 12-month trailing cash flow by 3. For a property with royalty rights, a 5X multiple provides a more accurate valuation (stout.com).

Who owns mineral rights?

Ownership of the mineral rights is vested in the State; Land purchased by tribes and registered in the deeds office (± 1 000 000 ha).

What happens if I find gold on my property?

If you did happen to find a large gold deposit on your property and do not own the mineral rights, don't fear. You do still own the property at least from the ground up. The mineral rights owner cannot simply come and remove you and dig up your property.

How do you transfer mineral rights after death in Texas?

Call the county where the minerals are located and ask how to transfer mineral ownership after death. They will probably advise you to submit a copy of the death certificate, probate documents (if any), and a copy of the will (or affidavit of heirship if there is no will).

Do mineral rights transfer with property in Texas?

Mineral rights in Texas are the rights to mineral deposits that exist under the surface of a parcel of property. This right normally belongs to the owner of the surface estate; however, in Texas those rights can be transferred through sale or lease to a second party.

How do I transfer ownership of mineral rights in Texas?

Transfer Your Mineral Rights Transfer by deed: You can sell your mineral rights to another person or company by deed. Transfer by will: You can specify who you want to inherit your mineral rights in your will. Transfer by lease: You can lease mineral rights to a third party through a lease agreement.

How do I claim mineral rights in Texas?

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 .

Who is entitled to extract the minerals from a mineral deed?

The holder of the mineral deed is entitled to extract the minerals and reasonable surface use of the property to do so. The deed holder can lease their oil and gas rights to a third party and is entitled to all of the income generated from the minerals.

What to do if you have not been compensated for mineral rights?

When you have not been properly compensated for your mineral rights or your interest in a royalty payment, or if you are dealing with an ownership or contract dispute, call an oil and gas lawyer immediately. Let Kemmy Law Firm hold the oil and gas company accountable for their actions and fight for a favorable outcome for you and your family. Call us today at I (844) 334–4388 to request a consultation.

What is a mineral deed in Texas?

Key terms related to oil and gas agreements include: Mineral Deed: Landowners can severe and transfer mineral rights through a mineral deed in Texas. Creating a mineral deed ensures mineral rights become legally separate from surface rights. A deed is a conveyance of property from one party to another.

How to sell oil and gas rights in Texas?

If you choose to sell or lease your oil and gas mineral rights in Texas, New Mexico, or anywhere in the Permian Basin you need to work with a mineral rights lawyer. By retaining a knowledgeable and experienced attorney, you protect yourself from oil and gas operators acting in bad faith. You will be in a better position to obtain favorable terms in exchange for giving up your rights and, at times, being inconvenience by production.

What is oil and gas law?

Oil and gas law govern various property rights, mineral ownership agreements, oil and gas leases, royalties, extraction and production rights, land use and development, as well as transport and delivery. A fundamental law in Texas and New Mexico is that property owners’ rights extend to the mineral deposits under the surface of their property.

What to do if you inherit mineral rights in Texas?

When you have inherited a small interest in mineral rights in Texas or New Mexico, you should talk with a lawyer about your options. Even a small portion of a mineral estate can be profitable. However, it also could be more trouble than it is worth, depending on your perspective. You may choose to sell or lease those rights to someone else.

What are the rights of property owners in Texas?

A fundamental law in Texas and New Mexico is that property owners’ rights extend to the mineral deposits under the surface of their property. As the owner of the minerals on your property, you have the right to do what you want with them, including leasing the mineral estate to another individual or business.

What is mineral rights?

Mineral Rights are property rights that allow an owner to exploit, mine, and/or produce any or all of the minerals lying below the surface of the property.

How profitable is mineral rights?

Owning mineral rights can be very profitable if you have an experienced lawyer to guide you with the transactions you enter. If you are purchasing or own mineral rights, contact Attorney Search Network for a free lawyer referral.

Why is it important to protect the rights of landowners?

As oil, gas and power companies become increasingly interested in natural resources, it is important to protect the rights of landowners. An experienced mineral rights lawyer understands the unique needs facing landowners in negotiations and contracts with gas, oil rights, and wind energy companies.

How to contact a real estate lawyer?

If you have any questions about the information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out our online form for your Real Property lawyer referral. If you have any questions about the information provided above, please contact Attorney Search Network. GET HELP NOW CLICK TO CALL.

Can you own mineral rights without owning the land?

Mineral rights can also be retained when land is sold, thus making it possible for someone to own the right to mine the minerals without owning the land, this is known as conveyance of land. Mineral rights can be leased or sold.

What does it mean to sell mineral rights?

To put it simply, you’ll first want to “know what you’ve got.” If you’re selling mineral rights, that means that you’re selling your subsurface rights which include any valuable minerals that may be below your property.

What to do before signing on mineral rights?

Before you sign on the dotted line, make sure to thoroughly review your interactions and contract with the potential buyer of your mineral rights. Because of their value, many individuals and companies set out to earn as much as possible.

Who is the attorney for Texas oil mineral interest inheritance?

Texas Oil Mineral Interest Inheritance Lawyer, Jason Coomer helps families evaluate the estates of their lost loved ones to determine if a full probate is necessary and if so if the probate is economically feasible.

When did Texas change its mineral rights?

Originally, the State of Texas held the interest to all mineral rights unless specifically granted to someone. However, in 1866 the law was changed through a constitutional provision, that allowed surface land owners to separate and sell their mineral interests separately from the surface rights.

How to determine who inherits property in Texas?

Determining who inherits a person's property and possessions under Texas intestate law (died without a Will), often depends on whether the person was married at the time of their death and the relatives that the person leaves behind. Marriage can be a complicating factor in determining inheritance under Texas law because intestate inheritance is based on the nature of the property as either community property or separate property as well as the make up of the decedent's family including children and surviving heirs. For more information on Texas Inheritance of Oil Royalties, Mineral Interests, and Real Estate please go to the following Web Page on Texas Heirship Laws and Determining Heirs when no Valid Will exists.

What is the duty of a trustee in Texas?

Trustees have a duty to provide an accurate accounting of property that is put in their safekeeping . Failure of a trustee to prudently invest property or take care of these assets can lead to a breach of fiduciary lawsuit. Unfortunately, there are trustees that will commit fraud and other wrongful acts to steal money from trusts and rightful beneficiaries. Some of these banks and other trustees will take money that does not belong to them and treat it as their own. Whether these negligent or fraudulent trustee are banks, family members, step relatives, or opportunists, it is important to have a Texas Trust Fraud Lawyer that can help seek compensation for the theft or negligent management of Trust Assets.

What are the two types of real property rights in Texas?

According to Texas property law, two different forms of rights exist in real property including surface rights and mineral rights.

What is a will contest?

A Will Contest occurs when there is something wrong with a Will. In some instances the Testator did not have actual "testamentary capacity" or "testamentary intent" to draft a proper Will. In such a situation the Will is not valid and interested parties including a beneficiary or heir that was disinherited or lost inheritance through the invalid Will can contest the Will as being invalid. For more information on Will Contests go to our web page on Texas Will Contest Lawsuits.

Who is Jason Coomer?

Texas Oil Royalty and Mineral Interest Inheritance Lawyer, Jason Coomer handles inheritance issues, oil production fraud cases, intestate issues, trust fraud lawsuits, and probate matters in Travis County, Williamson County, Bexar County, and Hays County as well as works with other Texas Mineral Interest and Oil Royalty Rights probate lawyers across Texas including Dallas County, Harris County, Fort Bend County, and Tarrant County works to draft Wills and Trusts to protect the wishes and best interests of his clients. He works with Houston Probate Lawyers, Dallas Probate Lawyers, and several other Texas Probate Lawyer.

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Oil and Gas Law in Texas and New Mexico

Gas and Mineral Rights

  • As a property owner, you own the minerals that are part of your land. It is generally lawful for you to separate your surface estates (the property above the ground) and your mineral estates (the property below the ground). You can lease or sell your mineral estate to another party while maintaining ownership of the surface estate. You can lease or sell both estates to the same or s…
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Types of Agreements

  • If you choose to sell or lease your oil and gas mineral rights in Texas, New Mexico, or anywhere in the Permian Basin you need to work with a mineral rights lawyer. By retaining a knowledgeable and experienced attorney, you protect yourself from oil and gas operators acting in bad faith. You will be in a better position to obtain favorable terms in exchange for giving up your rights and, at …
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Common Oil and Gas Mineral Rights Legal Disputes

  • At Kemmy Law Firm, our oil and gas lawyers deal with all types of disputes related to mineral rights and oil and gas contracts. The most common oil and gas disputes we handle include: 1. Payment Disputes: We often work with individual property owners and smaller businesses that claim to have not received their fair share of royalties, bonus payment...
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Recovering Oil and Gas Compensation

  • When you are dealing with a mineral rights or oil and gas contract dispute, it can be costly. An oil and gas company may have failed to pay you thousands of dollars in royalties. The damage to your land may be extensive and impossible to repair fully. Whatever your experience, talk with an oil and gas lawyer about your economic and other intangible damages. Depending on the circum…
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Proof of Damages

  • When you pursue legal action against an oil or gas company, you need proof that the party violated a contract or law. You also need proof of how this breach or violation harmed you. The harm could be financial losses, property damage, mental anguish, and more. Proving the severity and value of your damages can be difficult, which is why we recommend working with an oil an…
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Oil & Gas Rights Lawsuits and Litigation

  • Our oil and gas lawyers will guide you through the process of handling a mineral rights or oil and gas dispute. When first taking on your case, we will: 1. Review the contract or law that governs your relationship with the other party; 2. Investigate the other party’s wrongdoing; 3. Collect evidence of your injuries, including unpaid royalties, property damage, and mental anguish; 4. Se…
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How We Approach Oil and Gas Mineral Rights Cases and Win

  • We can never guarantee a specific outcome in a case. However, we can assure you that we are experienced litigators with an excellent track record of success. At Kemmy Law Firm, we never push our clients to accept low settlement offers. As skilled litigators, we are not afraid to take your case to court when that is the best chance of obtaining a resolution in your favor. When we …
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