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I have a property under contract in Dimmit County (no minerals) but there is some o&g operations on property. I need to find the current lease and current mineral owners to make sure I am protected on the Surface rights.
Any help would be greatly appreciated. Thank you.
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Permalink Reply by Mary Jo Hudnall on February 1, 2012 at 11:56am If you are getting a title policy (which I feel you should) the title company will be checking all of the deeds filed on the property to make sure that any restrictions included in those deeds are listed as exceptions on your title policy. Those restrictions include: use of the property and any mineral leases and reservations, etc.
Permalink Reply by Cliff Williams on February 1, 2012 at 11:14pm Mr. Barnett,
It would not be difficult for you to find the oil, gas and mineral lease yourself if you travel down to the courthouse and take a look at the clerk's records. This is especially true if you know "about" when the lease was taken out. If you really do need to seek some help in finding this information go to a web page called www.landmanconnection.com and post an ad in the "blog" section and see if there is a landman in the area that you can hire to do it. If not, visit me on my webpage and I will go through the railroad commission and call the operator for you and obtain a copy of the lease and e-mail you a copy.
Hope this help. Let me know if you have any questions I can answer for you.
Sincerely,
Cliff Williams
Permalink Reply by Mary Jo Hudnall on February 2, 2012 at 6:44am PS: Your title company will also be reviewing recorded mineral leases and listing them your title policy as as exceptions. I was under the impression that you were concerned about protection on the surface rights. The title company must furnish you copies of all Schedule "B" exceptions. Your Earnest Money Contract should be on the promulgated form which has many requirements regarding your acceptance of the exceptions. This is all a service of the the title company. The Seller pays for the Owner's Title Policy under "normal" closing costs in Texas with the rate based on the sales price. (rates are set by the State Department of Insurance) And, since you are concerned about protection, that is what they do. (retired Escrow Officer)
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