# Civil Suit Regarding Surface Owner (vs Mineral Owner)
**URL:** https://www.mineralrightsforum.com/t/civil-suit-regarding-surface-owner-vs-mineral-owner/24337
**Category:** General Mineral Rights Discussion
**Created:** [September 1, 2010, 10:49pm UTC](https://www.mineralrightsforum.com/t/civil-suit-regarding-surface-owner-vs-mineral-owner/24337 "2010-09-01T22:49:58Z")
**Posts on this page:** 4
**Page:** 1
### Author:  [@patrick\_garcia1](https://www.mineralrightsforum.com/u/patrick_garcia1)
#### Post date: [September 1, 2010, 10:49pm UTC](https://www.mineralrightsforum.com/t/civil-suit-regarding-surface-owner-vs-mineral-owner/24337/1 "2010-09-01T22:49:58Z")
I have filed a civil suit against the county. I have my day in court in about two months. The county has sold me the surface and has retained the mineral rights! Texas statute states that the county cannot do that. What I’m wondering if there is a case out there that says otherwise???
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### Author:  [@Buddy\_Cotten](https://www.mineralrightsforum.com/u/Buddy_Cotten)
#### Post date: [September 3, 2010, 3:13am UTC](https://www.mineralrightsforum.com/t/civil-suit-regarding-surface-owner-vs-mineral-owner/24337/2 "2010-09-03T03:13:17Z")
Perhaps, Mr. Garcia, the county had no mineral rights to convey and the mineral reservation was to not slander the Warranty of Title Provision in your Deed.
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### Author:  [@patrick\_garcia1](https://www.mineralrightsforum.com/u/patrick_garcia1)
#### Post date: [September 8, 2010, 2:59am UTC](https://www.mineralrightsforum.com/t/civil-suit-regarding-surface-owner-vs-mineral-owner/24337/3 "2010-09-08T02:59:35Z")
Thanks for replying so soon. But there are minerals involved, the property that I bought is pooled in a 40 acre and a pump jack is working for the last 2 or 3 months. The title company has done a title search and has come up with that minerals have never been severed!! Texas statute states “it must sell all right, title, and interest which it has for itself and as trustee for other taxing units”
Buddy Cotten said:
Perhaps, Mr. Garcia, the county had no mineral rights to convey and the mineral reservation was to not slander the Warranty of Title Provision in your Deed.
Best,
Buddy Cotten [www.cottenoilproperties.com](http://www.cottenoilproperties.com)
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### Author:  [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [August 15, 2018, 4:39am UTC](https://www.mineralrightsforum.com/t/civil-suit-regarding-surface-owner-vs-mineral-owner/24337/4 "2018-08-15T04:39:59Z")