History

• The Texas history of mineral rights in land has been complex. The issue has been addressed in two constitutional amendments, the most recent in 1876. As of 2010, rights to minerals, as well as oil and gases, belong to the landowner.
  
  

Severability

• A landowner in Shelby County, Texas may sell or lease the right to own or produce minerals on his land without sacrificing ownership of the land. He also may extract or produce the minerals himself.
  
  

Land Transactions

• Because a landowner can sever her rights to minerals, those seeking to purchase property in Shelby County, Texas should pay close attention to previous deed and title recordings for the subject land. A seller may have already leased or sold the mineral rights, and thus, a new buyer would take the land subject to existing leases.