Loss of mineral rights


#1

My aunt owned 100% of the surface rights to property in Reeves Co. She only owned 60% of the mineral rights. If the land was sold for back taxes, do the other heirs still have their mineral rights amounting to 40%. is it possible to reclaim the land and if so what is the timeline to do so. George


#2

I found this article but have no idea whether it applies to your situation Redemption Issues for Investors after a Purchase at a Tax Sale or HOA Foreclosure Is it possible the other 40% of the minerals were severed from the surface before your aunt passed away? I do not believe minerals which are severed from the surface can be (ad valorem) taxed in Texas unless they contain producing wells.


#3

thanks I appreciate the feedback


#4

You’re welcome! Hopefully other forum members will comment.


#5

Moved this over to Reeves County for you.


#6

George,

I would think that the other 40% has a claim to the minerals if the property was inherited and the surface was sold for backed taxes. It would be a different story if the property was mortgaged before the minerals were split up and that mortgage was foreclosed upon and the minerals were never severed from the mortgage. Typically, in that case, the bank has a claim to all of the surface and minerals under the said mortgage. If the minerals are severed before a mortgage is taken out on the property then only the minerals owned by the mortgagor will go back to the bank.

I would be happy to help you research this property if you’d like.