Mineral or not? Defining the vague “other minerals”

Posted on Monday, October 27th, 2014 at 2:32 pm    

Because Texas law provides different statutory definitions of minerals, no single conveyance of “other minerals” is considered generally applicable.

Texas courts define minerals on a substance by substance approach. For instance, limestone, sand and gravel are sometimes considered minerals if they are rare and exceptional, and possess characteristics that would provide them special value. Sand useful for manufacturing cement or glass, for example, is considered a mineral while sand used for road-making purposes is not.

In some instances, substances found on or near the surface are considered a part of surface estate as a matter of law. For example, substances found in strip mining, a type of surface mining, would not be considered minerals during specific circumstances.

Selling your mineral rights requires the knowledge of a mineral rights broker who knows well the intricacies surrounding mineral rights law. To learn more about selling your mineral rights, speak with a mineral rights broker at The Mineral Auction by calling (512) 698-2802 today.

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