Buying acreage in Cooke County is exciting, but mineral rights can make your deal more complex than it looks. In Texas, the minerals under the land can be owned by someone other than the surface owner, and that difference matters. In this guide, you’ll learn how mineral rights work, what to look for in deeds and leases, how to research local activity, and a practical checklist to use before you close. Let’s dive in.
Surface vs. mineral estate in Texas
In Texas, the surface estate and the mineral estate can be split between different owners. When minerals are severed, they can be sold, leased, and inherited separately from the surface. As a result, buying the land at the surface does not guarantee you own the minerals beneath it.
Texas law treats the mineral estate as the dominant estate. That means a mineral owner, or their lessee, has the right to use as much of the surface as is reasonably necessary to develop the minerals, unless a recorded agreement limits those rights. The rule is long standing and shapes what surface owners can and cannot control.
There is also a limited “accommodation doctrine.” If your existing surface use would be materially impaired by mineral operations, and the operator has a reasonable alternative that avoids that impact without unreasonable extra expense, the operator should accommodate your prior use. Application is fact specific. You should not assume you can block drilling simply because you object.
If you want an overview of Texas mineral concepts, the Texas A&M Real Estate Center offers helpful educational materials. For regulatory context and public well data, the Railroad Commission of Texas is the state’s oil and gas regulator.
Common deed language to know
Deeds in Cooke County often include short phrases that carry big meaning. Read them closely and trace them back through the chain of title.
- “Excepting and reserving all oil, gas and other minerals.” The seller kept the minerals. You receive surface only.
- “Conveying the surface estate only, subject to previously reserved minerals.” Similar to a surface-only conveyance.
- “Reserve all minerals below [a named depth or formation].” This is a depth severance, which can split rights by layer.
- “Granting the surface and mineral estate.” You receive both, unless a later reservation appears in prior deeds.
You need to find the deed where the minerals were last severed. A single reservation by a prior owner can still control today. Also watch for recorded instruments that change rights, such as lease assignments, partition deeds, probate distributions, and divorce settlement deeds.
Executive rights and royalties
Mineral ownership can be split into several rights that move independently.
- Mineral interest. Often includes the right to lease and receive a share of production.
- Executive right. The right to grant or manage leases. This can be separated from the royalty owner.
- Royalty interest. A share of production income. A royalty owner may not control leasing if they do not hold the executive right.
Over generations, these interests often become fractionated among many owners. Fractionation can make leasing slower and title more complex. If you are buying land, confirm who holds the executive right and whether multiple fractional owners must consent to a lease.
Leases and development basics
A recorded oil and gas lease sets the rules between the mineral owner and the operator. If minerals tied to your tract are leased, those terms matter.
Key items to look for in any recorded or proposed lease:
- Bonus per acre. A one-time payment for signing.
- Primary term. The years an operator has to establish production.
- Royalty fraction. Historic leases in Texas often range from 1/8 to 1/4, but market terms vary by area and vintage.
- Shut-in royalty clause. Addresses payment when a well is not producing.
- Pooling clause. Allows combining tracts into a unit.
- Depth or title limitations. Define what zones remain held.
- Pugh clause. Limits how production in one part of the tract holds the rest.
Royalty language also affects what expenses are deducted. Some leases allow post-production cost deductions for gathering, transportation, and processing. These terms can materially change payments to royalty owners. The exact wording is important.
Pooling can be voluntary under the lease, or it can occur under certain orders by the state regulator. The Railroad Commission of Texas publishes field and unit orders, along with permits and production data, that help you see how acreage has been combined for development.
Surface use and protections
Operators usually need surface access for roads, pads, pipelines, and facilities. Because the mineral estate is dominant, the operator can use the surface in ways that are reasonably necessary for development unless restricted by recorded agreements.
As a surface owner, you may have remedies for actual damages and restoration. Many owners negotiate surface use agreements to address mitigation, restoration, fencing, water use, and compensation. These agreements should be recorded to be effective against future owners.
The accommodation doctrine provides a limited duty to adjust operations if your existing use would be materially impaired and a reasonable alternative exists at no unreasonable extra cost. The facts and the recorded documents will control the outcome.
How to research in Cooke County
Your first pass can start online before you hire counsel. Focus on the public records and regulator data that reveal how the property has been used and who holds mineral-related rights.
County Clerk records
- Pull the current deed for the parcel. Then search backward through the grantor and grantee index.
- Use keywords like “reserve,” “except,” “oil,” “gas,” and “minerals.”
- Look for recorded leases, lease assignments, pooling or unitization documents, surface use agreements, easements, and probate instruments.
- Note dates, parties, and any reservations or depth splits.
Appraisal District records
- Check the Cooke County Appraisal District for the surface parcel’s owner of record.
- See if any severed mineral accounts are listed for tax purposes. Practices vary by county, so absence of a listing does not prove ownership.
RRC data and well maps
- Use the Railroad Commission of Texas to search permits, active wells, operator names, completion reports, and production history.
- Identify any wells on or near your tract. Note the well names, numbers, operators, and fields.
- Review plugging records and recent permits that could signal new activity.
- Check for any field or spacing orders that affect your acreage.
Mapping tools
- Public mapping platforms can help visualize wells and surface infrastructure. For a broad view, explore FracTracker’s map resources alongside the RRC GIS.
Local pros and commercial data
- If title or leasing history looks complex, connect with a local landman or an oil and gas attorney familiar with Cooke County.
- Proprietary services like Enverus or IHS can speed up research if you or your advisors have access.
Due diligence checklist for buyers
Use this checklist to organize your work before you go under contract or during your option period.
Documents to request or pull
- Current deed and the full chain of title back to the last mineral severance.
- Recorded oil and gas leases and all lease assignments that affect the property.
- Any recorded surface use agreements, pipeline easements, or rights of way.
- Current division orders, royalty statements, or production summaries if minerals are included.
- Any pooling or unitization notices that cover the tract.
Questions to resolve before closing
- Are minerals included, and is there recorded evidence to confirm that?
- Are there active leases, and who holds the executive rights?
- How long is any existing lease effective under its terms?
- Are there pending RRC permits for wells, pipelines, or facilities on the tract?
- Do any leases include Pugh clauses, depth reservations, or other limits that change what is held?
People to involve
- Oil and gas or land attorney with Texas title experience for a title opinion and advice on executive and royalty issues.
- Title company familiar with split-estate issues to perform a title search and issue commitments.
- Local broker or landman who knows the Cooke County market and operator activity.
- Surveyor if access points or easement boundaries are unclear.
Red flags to escalate
- A recorded lease or pooling order that appears active and could be developed soon.
- Executive rights held by someone other than the seller.
- Multiple fractional mineral owners whose consent is needed and hard to obtain.
- Surface use agreements referenced in correspondence but not recorded.
Timeline and cost planning
- Preliminary online research and seller document requests can take days to 1 to 2 weeks.
- Title search and a title opinion often take several weeks, depending on complexity.
- Legal review for split or disputed interests varies by situation.
- Negotiate purchase protections, including representations and warranties on mineral ownership, seller disclosures, and escrow to resolve curative issues.
Contract tips for your purchase
Protect your interests in the purchase agreement and related documents.
Ask for clear representations and warranties on mineral ownership and existing leases.
Require delivery of all relevant recorded instruments, including leases, assignments, and surface use agreements.
Add timelines for title review and curative actions, plus appropriate escrow holdbacks if needed.
Where surface risk exists, negotiate recorded surface-use protections.
Given the complexity of mineral title and leasing, consult a Texas oil and gas attorney and a title company experienced with split estates before you waive contingencies.
Local market perspective
Cooke County has seen historic and ongoing oil and gas activity. The Railroad Commission of Texas maintains permits, well status, production records, and plugging reports by county and field. Reviewing this data helps you gauge recent operator interest and the likelihood of future development on or near your tract.
Also review county maps for existing pipelines and recorded access easements. Pipelines and roads can shape where and how you build improvements, even if you do not own the minerals.
How Social Living supports your land deal
Buying acreage with potential mineral considerations calls for calm, informed execution. As a North Texas boutique brokerage with land experience, Social Living Real Estate Boutique helps you assemble the right team, coordinate title and survey work, and negotiate practical protections that align with your goals. We blend local knowledge with institutional-level process, so you can move forward with clarity and confidence.
If you are evaluating acreage in Cooke County, we are ready to help you plan your next step. Schedule a consultation with Social Living Real Estate Boutique.
FAQs
What does “mineral estate is dominant” mean in Texas?
- The mineral owner or their lessee can use the surface as reasonably necessary to develop minerals, unless limited by recorded agreements, which is why surface-only buyers should check title closely.
How can I tell if minerals are included with a Cooke County property?
- Pull the deed and chain of title from the County Clerk and look for mineral reservations or depth severances, then verify against any recorded leases or assignments.
If I own only the surface, can an operator access my land?
- Yes, an operator may access the surface for reasonable development of the minerals, subject to recorded limits and the accommodation doctrine when a reasonable alternative exists.
What is the executive right versus a royalty interest?
- The executive right is the power to grant or manage leases, while a royalty interest is a share of production income that may not control leasing if the royalty owner lacks the executive right.
How do pooling and unitization affect my acreage?
- Pooling clauses or regulatory orders can combine your tract with nearby tracts, which affects how production holds acreage and how royalties are allocated across the unit.
Where can I find official well and permit data for Cooke County?
- Use the Railroad Commission of Texas for permits, active well lists, operator information, completion reports, and production history; mapping help is also available from FracTracker.
