How to Conduct Mineral Title Research: A Complete Guide

Before investing in mineral rights, acquiring land for exploration, or finalizing an energy project, understanding who actually owns the subsurface minerals is critical. Mineral title research is the process of tracing mineral rights ownership through decades—sometimes centuries—of property transactions to establish clear, defensible ownership.

While the fundamentals are straightforward, the details are complex. A single missed deed, overlooked heir, or improperly severed mineral right can derail million-dollar acquisitions or expose companies to costly litigation. This guide walks through the mineral title research process, what professionals look for, and when to bring in expert help.

Why Mineral Title Research Matters

Mineral rights can be severed from surface rights, meaning the person who owns the land may not own the minerals beneath it. Over time, mineral rights can be:

• Severed: Sold or conveyed separately from surface ownership
• Subdivided: Split among multiple heirs through inheritance
• Leased: Temporarily conveyed to operators for exploration and production
• Encumbered: Subject to liens, mortgages, or back-in rights that affect value

Without thorough title research, you may unknowingly purchase incomplete rights, face unexpected royalty obligations, or discover competing claims that halt operations. In the worst cases, improper title verification can result in trespass claims, production shutdowns, and legal disputes lasting years.

Step 1: Gather Initial Information

Before you can begin tracing title, you need to know exactly what property you're researching. Gather:

• Legal description: Township, range, and section (e.g., "T5N R8W Section 12") from the Public Land Survey System (PLSS)
• Current owner's name: As listed on the most recent deed or tax assessment
• County and state: Where the property is located (mineral rights are recorded at the county level)
• Tax parcel number: Often helpful for locating records in county systems

Most of this information can be obtained from the county assessor's website, tax records, or the current property deed. If you're researching federal lands, you'll also need to reference BLM Master Title Plats (MTPs) and Land Status Records.

Step 2: Search County Deed Records

Mineral rights are recorded at the county recorder's office (also called the county clerk or register of deeds, depending on the state). Most counties now offer online access to deed records, though some still require in-person visits.

How to Search County Records

County deed indices are typically organized in two ways:

• Grantor/Grantee Index: Search by the names of sellers (grantors) and buyers (grantees)
• Tract Index: Search by legal description (section, township, range)

Start with the current owner and search backward through the grantee index to find the deed where they acquired the property. Then search for the previous grantor as a grantee to find how they acquired it, continuing this pattern backward in time.

For each deed, note:

• Date of conveyance
• Grantor and grantee names
• Legal description
• What was conveyed: Surface only, minerals only, or both?
• What was reserved: Did the grantor reserve mineral rights?
• Book and page number (or document number)

Step 3: Build the Chain of Title

The chain of title is a chronological sequence of all conveyances, from the original land grant to the present owner. Your goal is to trace an unbroken chain that clearly shows who owns the mineral rights today.

Key Document Types to Review

• Warranty Deeds: Transfer full ownership with guarantees of clear title
• Quitclaim Deeds: Transfer whatever interest the grantor has, with no guarantees
• Mineral Deeds: Transfer mineral rights only, not surface
• Royalty Deeds: Transfer royalty interests without operational rights
• Oil & Gas Leases: Grant temporary rights to explore and produce
• Assignments: Transfer lease or mineral interests from one party to another
• Mortgages and Liens: Encumber the property as collateral for debt
• Probate Records: Show inheritance transfers after death

Watch for Red Flags

As you trace the chain, watch for potential issues:

• Gaps in the chain: Missing deeds or unexplained ownership transfers
• Incorrect legal descriptions: Typos or inconsistencies in property descriptions
• Heirship issues: Deceased owners whose heirs were never properly identified
• Undivided interests: Multiple partial owners who must all consent to leases or sales
• Unrecorded documents: Oral agreements or handshake deals that don't appear in records
• Adverse possession claims: Potential claims based on long-term use

Step 4: Trace to the Original Grant

In most western states, the chain of title begins with a federal patent—the original grant of land from the U.S. government to private parties. These patents are recorded in the BLM's General Land Office (GLO) records and are searchable online.

The federal government typically retained mineral rights in patents issued after the Mineral Leasing Act of 1920, particularly for coal, oil, gas, and other leasable minerals. Confirm whether the original patent conveyed minerals or reserved them for the federal government.

In states with Spanish or Mexican land grants (Texas, California, New Mexico), tracing title may require researching colonial-era records and land grant documentation—a highly specialized process.

Step 5: Document Your Findings

Professional landmen create a runsheet or abstract of title—a chronological summary of all conveyances, encumbrances, and ownership changes. A good runsheet includes:

• Date and document number for each transaction
• Grantor and grantee names
• What was conveyed (surface, minerals, royalties, lease)
• Any reservations or exceptions
• Current ownership percentages for all parties
• Notes on gaps, defects, or required curative work

This document becomes the foundation for title opinions, lease negotiations, and acquisition decisions.

Step 6: Address Title Defects

If you discover gaps or defects in the chain of title, curative work may be required:

• Quiet Title Actions: Court proceedings to resolve ownership disputes
• Heirship Affidavits: Legal documents identifying all heirs of deceased owners
• Corrective Deeds: Fix errors in previous conveyances
• Ratifications: Confirm previous transactions that may have been improperly executed
• Title Insurance: Protect against undiscovered defects

Curative work is time-consuming and expensive. The earlier you identify defects, the more options you have to resolve them before they become deal-breakers.

Common Pitfalls and How to Avoid Them

1. Overlooking Severed Minerals

Mistake: Assuming the surface owner also owns the minerals.
Solution: Always search for mineral deeds and reservations, not just surface conveyances.

2. Missing Heirship Issues

Mistake: Not identifying all heirs when an owner dies without a will.
Solution: Review probate records and trace family trees to identify all potential claimants.

3. Ignoring Old Leases

Mistake: Assuming old oil & gas leases have expired.
Solution: Verify expiration dates and production status—some leases remain active indefinitely if production continues.

4. Incomplete Document Review

Mistake: Reading only deed summaries instead of full documents.
Solution: Review complete deeds, including fine print and addenda, where critical exceptions are often hidden.

When to Hire a Professional

Mineral title research is complex, time-consuming, and filled with opportunities for costly errors. Unless you have extensive experience, hiring a professional landman or title company is almost always the right decision.

You should absolutely hire professionals if:

• The property has changed hands multiple times over many decades
• Minerals were severed from surface rights at any point in history
• You're investing significant capital in acquisition or development
• You discover gaps, heirship issues, or conflicting claims
• Lenders or investors require professional title opinions
• The property is located in multiple counties or states

Even experienced title researchers can take a week or more to complete a thorough search for a single property. For companies evaluating dozens or hundreds of parcels, professional title research becomes essential for maintaining project momentum.

Conclusion: Title Research is Risk Management

Mineral title research isn't just a regulatory checkbox—it's a critical risk management tool that protects your capital, prevents legal disputes, and ensures you actually own what you think you're buying.

The upfront investment in thorough title research is a fraction of the cost of discovering title defects after you've committed capital to development. Whether you're a mineral rights investor, exploration company, or energy producer, clear title is the foundation of every successful project.

Need help with mineral title research? Contact ChoraQuest to discuss your project. We provide comprehensive title verification services that eliminate surprises and accelerate transactions.