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—also known as title examination or title search—is the process of investigating and verifying the legal ownership of mineral rights by reviewing public records, deeds, legal documents, and other relevant sources.

The ultimate goal is to construct a chain of title: a complete, chronological history of ownership stretching from the present day back to the original government grant or patent. The search for this chain and locating the mineral rights records can take even experienced specialists a week or more to complete.

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 royalty interests that affect value

The Title Research Process

Step 1: Gather Initial Information

Before you can begin tracing title, you need:

• Legal description (Township, Range, and Section for PLSS states)
• Current owner's name (if known)
• County and state location
• Tax parcel number or assessor's parcel number

Step 2: County Records Search

Public records are the foundation of title research. Visit or contact the county clerk's office where the property is located—county clerks maintain official records of all property transactions, including mineral rights transfers, leases, and reservations.

You can conduct this search in person at the courthouse or county clerk and recorder's office, where you'll use indices to locate documents by legal description or grantor/grantee name. Many counties now offer online access to records—some free, others requiring subscriptions or per-page fees.

Step 3: Build the Chain of Title

Title researchers start with the most recent deed and work backward in time, examining each transaction connected to the property. They scrutinize deeds, wills, grants, and any other legal documents that might affect ownership. The goal is to prove a perfect, unbroken chain of ownership from the original government grant to the present.

Step 4: Document with a Runsheet

Record each transaction in a document called a runsheet. A properly formatted runsheet includes:

• Document type (deed, lease, mortgage, etc.)
• Reception number or document number
• Book and page reference
• Effective date and recording date
• Grantor and grantee names
• Legal description
• Comments noting any reservations or exceptions

Key Documents to Examine

Title examination involves reviewing various documents typically filed in county courthouses, state offices, or other record-keeping entities. Common document types include:

• Warranty Deed: Transfers ownership with guarantees about clear title
• Quitclaim Deed: Transfers whatever interest the grantor has, without warranties
• Special Warranty Deed: Limited warranties covering only the grantor's period of ownership
• Mineral Deed: Specifically conveys mineral rights
• Royalty Deed: Conveys royalty interests without working interest
• Personal Representative's Deed: Transfers property from an estate

Common Title Problems

Sometimes gaps occur in the chain of title—sometimes called a "cloud" on the title. A cloud occurs when you cannot determine from the records how a certain grantee came into title. Common causes include:

• Faulty legal descriptions: Resulting in misfiled deeds
• Missing probate: When someone dies and their estate doesn't go through probate, the mineral interest may remain in the deceased's name
• Divorce proceedings: Property divisions not properly recorded
• Unreleased liens: Mortgages or other encumbrances that were satisfied but never released of record

Abstractors often need to search divorce records and probate records to determine whether family events affect title to the property or minerals. If minerals remain in a deceased person's name, ancillary probate in the county where the minerals are located may be required.

When to Hire Professionals

A title abstractor is a trained individual who knows how to research documents in county land records and court clerk's offices. Consider hiring a landman or title attorney when:

• Multiple ownership changes span decades
• Mineral rights have been severed multiple times
• Inheritance or probate issues are involved
• The property has liens or encumbrances
• Federal lands (BLM, Forest Service) or tribal lands are involved
• Fractional interests need to be calculated

Sources: The Mineral Rights Podcast, Ranger Minerals, MAJR Resources, Revolution Data Systems.