View Poll Results: Should home builders tell their buyers that mineral rights on the new property are not included in t
Yes
17 77.27%
No
5 22.73%
Maybe
0 0%
undecided
0 0%
10-09-2013, 08:19 PM
Location: Beautiful Northwest Houston
6,290 posts, read
7,494,183 times
Reputation: 5061
Did you know when you buy your spanking new house, that may have been custom built for you, on land that you paid for, that your builder may have, and probably did retain the mineral rights under your home sweet home?
"homebuilders and developers have been increasingly—and quietly—hanging on to the mineral rights underneath their projects, pushing aside homeowners' interests to set themselves up for financial gain when energy companies come calling. This is happening in regions far beyond the traditional American oil patch, which has a long history of selling subsurface rights."
Builders secretly hoard mineral rights under property
Publicly traded companies that engage in the practice include the
Ryland Group ,
Pulte Homes and
Beazer Homes , according to oil and gas attorneys and public land records.
D.R. Horton, the biggest U.S. homebuilder, is a heavy user of the practice. The Fort Worth, Texas, company has separated the mineral rights from tens of thousands of homes in states where shale plays are either well under way or possible,
What do you think about this practice ? Did you ask if the mineral rights were included when you bought your house?
10-09-2013, 08:38 PM
Location: League City, Texas
2,919 posts, read
5,949,008 times
Reputation: 6260
The last two houses we bought (within last 15 years) included clauses in the closing papers stating mineral rights weren't included in the sale. Since both had minute lots, we didn't think it a big deal. But I would be interested as to how they do this with larger lots or acreage.
What would've happened to Jed Clampett (I know--not in Texas)if he hadn't had mineral rights?
10-09-2013, 10:31 PM
Location: Austin, TX
15,268 posts, read
35,622,212 times
Reputation: 8614
This is pretty much common knowledge to anyone at all informed about property transactions. The mineral rights have often been severed many years prior to the developer selling you the land.
10-09-2013, 10:42 PM
Location: Wonderland
67,650 posts, read
60,867,486 times
Reputation: 101078
In Texas, it's very common knowledge that mineral rights very rarely convey with the land - and in fact, if they do, then expect to pay quite a bit for them.
10-10-2013, 12:27 AM
Location: Beautiful Northwest Houston
6,290 posts, read
7,494,183 times
Reputation: 5061
Quote:
Originally Posted by
KathrynAragon
In Texas, it's very common knowledge that mineral rights very rarely convey with the land - and in fact, if they do, then expect to pay quite a bit for them.
I think it should be a mandatory acknowledgement weather it is common to sever the rights or not. Development of those rights can adversely affect the value of your property and very few people would ever think about asking prior to purchasing a home. Especially the newbies from out of state.
I have some experience with mineral rights from the other end. I own a small mineral interest in South Texas that I do receive a small royalty for, from time to time, whenever the accrued amount exceeds $25 which may happen once a year, then of course I get a similar check for the rental as well. And you know what ? I have no idea who owns the surface rights, but from what I understand it is still undeveloped property. I am one of those Great great ,great nephews you speak of. lol
I get offers constantly from gas producers who send me what I call warranty deed checks for a couple hundred bucks to sign over rights to whoever. So there is interest in these rights, and I doubt my many relatives who are joint owners in this property know, or care that we may be hurting somebodies resale value by developing those fields. So I do think buyers should be made aware of these possibilities....
10-10-2013, 03:51 AM
Location: Central Texas
20,958 posts, read
45,387,627 times
Reputation: 24740
Not sure what you mean by "mandatory acknowledgment" whether it is common to sever the rights or not. Could you clarify?
10-10-2013, 07:06 AM
Location: Beautiful Northwest Houston
6,290 posts, read
7,494,183 times
Reputation: 5061
Quote:
Originally Posted by
TexasHorseLady
Not sure what you mean by "mandatory acknowledgment" whether it is common to sever the rights or not. Could you clarify?
Mandatory disclosure, would be a better term. I'm saying who owns the mineral rights should be disclosed to the potential buyer. Future development of those rights is more of a concern than the distribution of some tiny royalty.
Home buyers should at least be able to research for themselves what any future development may mean for their new neighborhood, or what the likelihood of development is or may be
10-10-2013, 07:46 AM
Location: Austin, TX
15,268 posts, read
35,622,212 times
Reputation: 8614
Quote:
I'm saying who owns the mineral rights should be disclosed to the potential buyer.
But that could change 5 minutes after you buy the property, or 5 years, or 20 different times over the course of several years.....
10-10-2013, 08:28 AM
Location: Beautiful Northwest Houston
6,290 posts, read
7,494,183 times
Reputation: 5061
Quote:
Originally Posted by
Trainwreck20
But that could change 5 minutes after you buy the property, or 5 years, or 20 different times over the course of several years.....
What I would want to know is, is the guy who is selling me this property the owner of those rights, and if he is, why is he holding those rights. It would seem to me that there is a potential conflict of interest if he were to sell those rights, in the future, and possibly harm the value of the property he is selling me. I would also want to know if the mineral rights under my new home is currently under a lease agreement which would tell me there is an increased likelyhood of future exploitation of those rights.
I assume that every bit of land in this state is owned by somebody or thing, and likewise there are corresponding mineral rights to all that land. All this is part of the public record and would be easily attainable especially to a developer.
Once the property is sold the owner would be solely responsible for keeping up with any future conveyance of those rights.
10-10-2013, 09:05 AM
Location: Austin, TX
15,268 posts, read
35,622,212 times
Reputation: 8614
Well, generally speaking, if you are in a 'dense' development (i.e. you area 10' or so from your neighbor), the mineral rights will only be accessed remotely - horizontal drilling, in the case of oil, or not at all in the case of stone. As such, I don't find it very interesting as to who hold those rights. If you are on larger property, where on-site access is possible, then you should go out and find who holds the rights; however, I don't think that information needs to be 'paid' for by everyone, since most people don't really care/are unaffected. And it will have to be paid for, public record or not, just like the dozen or so other 'fees' that a title company/lender/etc charge during closing currently.
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Class of Workers - Federal government workers (%)
Class of Workers - Self-employed workers in own not incorporated business and Unpaid family workers (%)
House heating fuel used in houses and condos - Utility gas (%)
House heating fuel used in houses and condos - Bottled, tank, or LP gas (%)
House heating fuel used in houses and condos - Electricity (%)
House heating fuel used in houses and condos - Fuel oil, kerosene, etc. (%)
House heating fuel used in houses and condos - Coal or coke (%)
House heating fuel used in houses and condos - Wood (%)
House heating fuel used in houses and condos - Solar energy (%)
House heating fuel used in houses and condos - Other fuel (%)
House heating fuel used in houses and condos - No fuel used (%)
House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
House heating fuel used in apartments - Solar energy (%)
House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
Armed forces status - In Armed Forces (%)
Armed forces status - Civilian (%)
Armed forces status - Civilian - Veteran (%)
Armed forces status - Civilian - Nonveteran (%)
Fatal accidents locations in years 2005-2021
Fatal accidents locations in 2005
Fatal accidents locations in 2006
Fatal accidents locations in 2007
Fatal accidents locations in 2008
Fatal accidents locations in 2009
Fatal accidents locations in 2010
Fatal accidents locations in 2011
Fatal accidents locations in 2012
Fatal accidents locations in 2013
Fatal accidents locations in 2014
Fatal accidents locations in 2015
Fatal accidents locations in 2016
Fatal accidents locations in 2017
Fatal accidents locations in 2018
Fatal accidents locations in 2019
Fatal accidents locations in 2020
Fatal accidents locations in 2021
Alcohol use - People drinking some alcohol every month (%)
Alcohol use - People not drinking at all (%)
Alcohol use - Average days/month drinking alcohol
Alcohol use - Average drinks/week
Alcohol use - Average days/year people drink much
Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
Audiometry - People that can hear normal voice from across a quiet room (%)
Audiometry - Ears ringing, roaring, buzzing (%)
Audiometry - Had a job exposure to loud noise (%)
Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)
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