What Buyers Should Know About Mineral Rights in Texas

When our clients purchase property in Texas, many are surprised to learn about the concept of split estate, where surface rights can be separated from mineral rights. This unique aspect of Texas property ownership creates important considerations for investors and homebuyers alike.

As a leading Texas real estate group, we always advise our clients to carefully verify whether mineral rights are included in their purchase. In resource-rich regions, these rights can significantly impact property value and future development potential.

When mineral rights are owned separately from surface rights, property owners should understand that Texas law generally favors mineral development. However, the Accommodation Doctrine provides some protection for surface owners by requiring mineral developers to respect existing surface uses when reasonable alternatives exist.

Water Rights: A Crucial Element of Property Value

As experienced real estate professionals, we know that water rights can dramatically affect property value, especially in drought-prone regions of Texas. Understanding these rights is essential before making any significant investment.

For properties with access to surface water (rivers, lakes, streams), rights are governed by the state through permits. If you're purchasing waterfront property, we'll help you verify what water usage rights are included.

For groundwater, Texas generally follows the "rule of capture," giving landowners broad rights to pump water from beneath their property. However, this traditional approach is increasingly modified by local Groundwater Conservation Districts.

Our team stays current on water rights regulations across Texas to help our clients make informed decisions about properties where water access may impact development potential or agricultural use.

Navigating Easements in Real Estate Transactions

When helping clients buy or sell property, our team conducts thorough due diligence on existing property easements, which can significantly impact property use and value.

Common easements we encounter include utility corridors, shared driveways, and access routes. Each of these access rights comes with specific limitations that potential buyers should understand before closing.

During property showings, our agents are trained to identify visible easements and discuss potential implications with buyers. We also carefully review title reports to uncover recorded easements that might not be visible during property inspections.

For sellers, we can help determine whether existing easements might affect your property's marketability and develop strategies to address potential buyer concerns proactively.

Development Rights: Maximizing Your Property's Potential

Whether you're buying land for immediate development or as a long-term investment, understanding development rights is crucial to assessing a property's true value.

Our real estate team helps clients navigate the complex landscape of zoning regulations, deed restrictions, and HOA rules that govern property usage throughout Texas. These restrictions vary widely by location, from minimal oversight in rural areas to comprehensive regulations in urban centers.

For investment properties, we provide detailed information about development potential, including allowable uses, density restrictions, setback requirements, and building height limitations that might affect future returns.

Our team maintains strong relationships with local planning departments across Texas, allowing us to provide clients with up-to-date information about current regulations and potential changes that might affect property development rights.