Question regarding mineral rights and the sale of my home. Realtors??

I live in Texas in the Barnett Shale area. For those who aren’t familiar the Barnett Shale is considered a source bed rock that is actually actively producing natural gas through bacteria breakdown. So about two years ago, we leased our mineral rights to a company who started drilling for natural gas. Anyway, we are wanting to move and I have always been told to ALWAYS hang on to your mineral rights. We have somebody interested in our house. My question is how do we address the mineral rights in the contract or do we even have to mention it. Any help would be greatly appreciated.

One Response to “Question regarding mineral rights and the sale of my home. Realtors??”

  1. newmexicorealestateforms Says:

    Mineral rights are part of the bundle of rights that come with the real estate and it is considered personal property when severed from the bundle. Most properties that were patented by the US government do not contain mineral rights with the patent since the government kept them. In your case your ability to sever the minerals and strike a lease is perfectly normal. However disclosure of the fact that the minerals are not part of the sale is necessary, further the necessity to disclose the impact to the home pursuant to any drilling that may take place because of your granting of the mineral lease should also be disclosed. You might want to read up on mineral issues in Texas by going to this site:
    Oil & Gas Web Sites: http://www.rrc.state.tx.us/
    Buena Suerte