Mineral deed questions
How do I read a legal description?
A Texas legal description names the county, the original survey and its abstract number, and the acres, then either walks the boundary or points to an earlier deed. Read it in that order.
1. County and state
Start with the county. Deeds are recorded in the county where the land lies, and a tract that crosses a county line is described and recorded in each.
2. Survey and abstract
Most Texas land descends from an original survey, and each survey has an abstract number in its county, such as "the Sample Survey, Abstract No. 000". The county appraisal district map often labels abstracts, and the Texas General Land Office keeps the original grant file for each one.
3. Acres
Acres are usually given "more or less". Check whether the deed covers the whole survey, a tract in it, or a part of a tract ("the north 40 acres of").
4. The boundary
Metes and bounds walk the boundary from a starting point: "Beginning at an iron rod, thence North 45 degrees East 200 varas". A Texas vara is 33 1/3 inches. A subdivision description gives a lot and block on a recorded plat instead.
Many deeds skip the walk and say "being the same land described in" an earlier recorded deed. Pull that deed and read its description.
5. What is carved out
Look for "save and except" tracts, which come out of the land described above them.
Outside Texas
In states surveyed by the federal system, such as Oklahoma and New Mexico, land is described by section, township and range: "the NE/4 of Section 12, Township 4 North, Range 3 West".
What to check on your deed
- County, survey, abstract and acres, written down from the deed.
- The same four items from the deed before it in the chain. They should agree.
- The abstract on the appraisal district map, with your tract inside it.
- Any save and except tracts, subtracted from the acres.
See the legal description on the sample deed
Related
We are landmen, not attorneys. This page explains how mineral deeds are usually read. What your deed means can turn on its exact words and on Texas law, and a title opinion comes from an attorney.
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