Texas · TREC 44-3Texas mineral reservation addendum (TREC 44-3)
In Texas the seller's minerals pass to the buyer unless the seller reserves them with TREC 44-3. The seller checks whether it reserves all of its Mineral Estate or a fraction, and whether it waives the surface rights that come with it. If the seller does not reserve everything, it gives the buyer contact details of any known mineral lessee within 7 days after the Effective Date.
What the addendum covers
Mineral Estate (¶A)
Oil, gas and other minerals, royalties, executive rights (signing leases), ingress and egress, exploration, drilling and production rights, lease payments. Not water, sand, gravel, limestone, building stone, caliche, surface shale, near-surface lignite or iron – though their reasonable use for mineral operations is included.
Reserve all or part (¶B)
The seller reserves all of the Mineral Estate it owns, or an undivided fraction of its interest. Whatever is not reserved is conveyed.
Surface use (¶C)
The seller does or does not waive ingress, egress and reasonable surface use for mineral operations. Left blank, it is deemed an election to convey all those surface rights. Other mineral owners' and existing lessees' surface rights are not affected.
Lessee contact (¶D)
If the seller does not reserve all of its interest, it gives the buyer the current contact information of any known mineral lessee within 7 days after the Effective Date.
What the TC tracks
- Whether a mineral reservation was negotiated – then TREC 44-3 is attached, not a handwritten clause.
- The 7-day mineral lessee contact if the seller keeps less than all.
- That the parties have been told to consult an attorney – the form says only a full title examination determines the Mineral Estate with certainty.
- The title commitment's mineral exceptions alongside the addendum.
Questions about mineral reservations in Texas
Do mineral rights transfer with the house in Texas?
Under the TREC contract, the seller's Mineral Estate is conveyed unless the seller reserves it with the Addendum for Reservation of Oil, Gas, and Other Minerals (TREC 44-3).
Does the Mineral Estate include water in Texas?
Not under TREC 44-3: water, sand, gravel, limestone and other listed surface materials are excluded.
What happens if the seller leaves the surface waiver blank?
It is deemed an election to convey all of the surface rights described in ¶C.
When must the seller give mineral lessee information?
Within 7 days after the Effective Date, if the seller does not reserve all of its interest.
Can a real estate agent explain the mineral reservation?
TREC rules prohibit license holders from giving legal advice; the form urges the parties to consult an attorney with expertise in this area.
Texas forms
Add the 7-day mineral lessee contact as a dated task on the deal in ClosingCode, next to the title deadlines.
Start free trialSource: Texas Real Estate Commission, TREC No. 44-3 Addendum for Reservation of Oil, Gas, and Other Minerals (11-07-2022, effective February 1, 2023), ¶A–D.
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage, and it is not affiliated with TREC.