Do mineral rights come with a house in Texas?

Not automatically. Texas allows the mineral estate to be separated from the surface, and on many Houston-area lots an earlier owner or the developer reserved the minerals years ago. You get only what the seller still owns and conveys in the deed, which the title commitment will show.

How do I find out who owns the mineral rights to a house in Texas?

Read the title commitment your title company sends during the contract, especially the exceptions in Schedule B, which list mineral reservations and leases of record. For a full ownership history of the minerals, a Texas oil and gas attorney can prepare a mineral title opinion.

Can someone drill on my lot if I don't own the minerals?

In Texas the mineral owner generally has the right to make reasonable use of the surface to reach the minerals. In practice, many master-planned community lots are protected by surface-use waivers or by drilling from sites outside the neighborhood, so check your title documents and deed restrictions for what applies to your lot.

What is the TREC mineral reservation addendum?

It is a Texas Real Estate Commission addendum (form 44-2 as of 2026) that a seller and buyer use to state in the contract whether the seller is keeping or conveying oil, gas and other minerals. The deed still controls, so make sure the deed language matches what the addendum says.

Does title insurance cover mineral rights in Texas?

A standard Texas owner's policy does not guarantee who owns the minerals and lists mineral reservations as exceptions. An endorsement such as the T-19.1 can add some coverage for damage to the house from mineral development, so ask your title company what your policy includes before closing.

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Do You Get the Mineral Rights When You Buy a House in Texas?

November 1, 2026

A property deed and a pen on a wooden desk in warm sunlight

Often, no. Texas law lets the minerals under a piece of land be owned separately from the surface, and on many Houston-area lots an earlier owner, a rancher or the developer reserved those minerals decades before the house was built. When you buy, you get only the mineral rights the seller still owns and actually conveys in the deed. The title commitment you receive during the contract shows what has already been split off.

For most suburban buyers, that sounds more alarming than it is. It is still worth five minutes of reading before your option period ends.

Why the Minerals Are Usually Already Gone

Southeast Texas has been producing oil and gas for more than a century. Long before today’s subdivisions, ranchers and land companies sold or kept the mineral rights while selling the surface. Developers of master-planned communities often reserved the minerals again when they sold lots to builders. By the time a house reaches you, the mineral estate may have changed hands many times without touching your deed.

That is why the question to ask is not “do I get the minerals?” but “what does the paperwork say was reserved, and does any of it affect how I use my yard?”

Where to Look Before Closing

Three documents answer most of it:

The title commitment. Your title company sends it early in the contract. Schedule B lists exceptions to your coverage, and that is where recorded mineral reservations and oil and gas leases show up.
The deed. If the seller is keeping any minerals they still own, the reservation language belongs in the deed. The deed controls what transfers.
The TREC Addendum for Reservation of Oil, Gas, and Other Minerals. If the seller wants to keep their minerals, this addendum (form 44-2 as of 2026, published by the Texas Real Estate Commission) puts it in writing during the negotiation. If you see it attached to a contract, read it before you sign, not after.

If you want a full ownership history of the minerals, a Texas oil and gas attorney can prepare a mineral title opinion. That is more than most home buyers need, but it is the right move on acreage or rural land.

The Real Risk Is the Surface

In Texas, the mineral estate is generally treated as the dominant one, meaning the mineral owner has the right to make reasonable use of the surface to reach what is underneath. That is the part buyers worry about, and it is mostly a rural question.

Inside many Houston-area master-planned communities, the risk is low in practice. Many developers arranged for any drilling to happen from sites outside the neighborhood, and deed restrictions often limit what can happen on a residential lot. Low is not zero, though. On acreage in Montgomery, Waller or Brazoria County, a lease or a pipeline easement can matter a lot more to how you use the land.

Ask your title company about an endorsement for mineral surface damage. On a Texas owner’s policy, the T-19.1 endorsement is the one most often discussed, and it can add coverage for damage to the house from mineral development. A standard owner’s policy does not guarantee who owns the minerals.

What We Tell Our Buyers

Here is the short version:

Expect the minerals to be reserved on most suburban Houston lots. It rarely changes the deal.
Read Schedule B of the title commitment during your option period, and ask the title officer to explain any mineral line you do not understand.
On acreage, take the mineral question seriously and consider an attorney’s title opinion.
If the seller is keeping minerals, make sure the addendum and the deed say the same thing.

Peter has been licensed in Texas since 2004, and we would much rather a buyer ask this question during the option period than after closing. Our Buyer’s guide covers the rest of the contract-to-close steps, and our article on the T-47 survey affidavit explains another title document buyers see at the same stage.

The Move Live Love TX Team™ is a husband-and-wife real estate team with CB&A, Realtors, serving Houston and the surrounding areas. This article is general information, not legal advice. Talk to your title company or a Texas real estate attorney about your specific property.

Frequently Asked Questions

Do mineral rights come with a house in Texas?: Not automatically. Texas allows the mineral estate to be separated from the surface, and on many Houston-area lots an earlier owner or the developer reserved the minerals years ago. You get only what the seller still owns and conveys in the deed, which the title commitment will show.
How do I find out who owns the mineral rights to a house in Texas?: Read the title commitment your title company sends during the contract, especially the exceptions in Schedule B, which list mineral reservations and leases of record. For a full ownership history of the minerals, a Texas oil and gas attorney can prepare a mineral title opinion.
Can someone drill on my lot if I don't own the minerals?: In Texas the mineral owner generally has the right to make reasonable use of the surface to reach the minerals. In practice, many master-planned community lots are protected by surface-use waivers or by drilling from sites outside the neighborhood, so check your title documents and deed restrictions for what applies to your lot.
What is the TREC mineral reservation addendum?: It is a Texas Real Estate Commission addendum (form 44-2 as of 2026) that a seller and buyer use to state in the contract whether the seller is keeping or conveying oil, gas and other minerals. The deed still controls, so make sure the deed language matches what the addendum says.
Does title insurance cover mineral rights in Texas?: A standard Texas owner's policy does not guarantee who owns the minerals and lists mineral reservations as exceptions. An endorsement such as the T-19.1 can add some coverage for damage to the house from mineral development, so ask your title company what your policy includes before closing.