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.
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.
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)
