Does a Partition of Property in Texas Sever the Mineral Rights?
Full Question:
Answer:
A partition alone will not change ownership of mineral rights unless stated so in the order for partition. Ownership of an interest in the surface of lands, tenements, or hereditaments by a co‑owner of an interest in minerals underlying the surface does not prevent partition of the mineral estate. Typically, an owner of a mineral interest in coal to mine and remove the coal by the surface method of mining without first obtaining the consent of all of the owners of the surface to the mining and removal of coal by the surface method of mining. Ownership of an interest in minerals by a co‑owner of an interest in the surface does not prevent partition of the surface. The ownership of an interest in some, but not all, of the mineral estate by a co‑owner of an interest in other minerals does not prevent the partition of the co‑owned mineral estate.
Please see the following TX statute:
§ 23.004 PROP. Effect of Partition
(a) A person allotted a share of or an interest in real property in a
partition action holds the property or interest in severalty under the
conditions and covenants that applied to the property prior to the
partition.
(b) A court decree confirming a report of commissioners in partition of
real property gives a recipient of an interest in the property a
title equivalent to a conveyance of the interest by a warranty deed from the
other parties in the action.
(c) Except as provided by this chapter, a partition of real property
does not affect a right in the property.
