No reservation from the state or railroad, so who owns the minerals today?

We have a property in Brewster Co., Texas. Our title search reveals that there was no reservation back to ownership (by grant from the State of Texas) to a railroad company. As I understand it, this was standard practice for Texas to deed large tracts of land to these railroad companies to entice them to build lines through certain parts of the state. My question is, if there is no reservation of record back to the railroad (and they didn't reserve the minerals upon their sale of the property), who owns the mineral interest today? We assume we own the mineral rights, but are not certain.


Dear Mr. Botard,

Maybe, maybe not. A reservation or exception (technically different) is only one of several ways to create a mineral severance. But, you are on the right track.

Concerning Railroad Surveys, you are correct.