Do you own or want to buy land near Doss and wonder who controls what is under the ground? In Gillespie County, mineral and surface rights can be separated, which affects what you can do on the land and how future income is shared. Understanding the difference helps you avoid surprises at closing and negotiate smarter when leases or easements come up. In this guide, you’ll learn the basics, local steps to verify ownership, and practical ways to protect your interests. Let’s dive in.
Mineral rights explained
Mineral rights, also called the mineral estate, include the right to explore, develop, and sell subsurface minerals like oil and gas. Owners can lease, receive bonus payments, and collect royalties from production, depending on their specific rights. Mineral rights can be owned with or without the right to sign leases, which is called the executive right.
In Texas, mineral rights can be divided among many people over time. Deeds, wills, and prior reservations often split these interests across generations.
Surface rights explained
Surface rights cover how you use the land you see and touch, such as a home site, barns, pasture, and farming. If the mineral estate is separate, the surface owner’s rights can be limited by the mineral owner’s development needs. Surface owners still have protections against negligence and can seek agreements to reduce impacts on daily use.
If your goal is quiet enjoyment of a homestead or ranch, it is important to confirm if minerals come with the purchase and what surface use is allowed under any existing lease.
Split estates in Doss
A split estate is when one party owns the surface and another owns the minerals. This is common across Texas. In the Hill Country, large-scale drilling is less frequent than in major producing regions, but leases and historic wells do exist in Gillespie County. That means a surface-only purchase may still face future mineral development if a lessee chooses to drill.
If you inherit or buy mineral interests separate from the land, you may see lease offers even when you do not own the surface.
Dominant estate and your surface use
Under Texas law, the mineral estate is the dominant estate. This gives the mineral owner or their lessee the right to use the surface as reasonably necessary to develop the minerals. That can include access roads, well sites, and pipelines, depending on the lease.
The accommodation doctrine can protect existing surface uses. If reasonable alternatives exist, the mineral developer may need to accommodate current uses like agriculture or a residence. This is fact-specific. Many surface owners negotiate a separate surface use agreement to set clear rules for roads, fencing, dust control, water use, and reclamation.
Leases, royalties, and pooling
A mineral lease often includes a signing bonus, a royalty percentage on production, and a primary term that can range from one to several years. Royalty rates across Texas have historically ranged from about 12.5 percent to 25 percent, and negotiation is common. Contracts also address pooling, where your acreage may be combined with neighboring tracts for drilling and royalty sharing.
The party with the executive right can sign leases and set terms. Non-executive royalty owners usually do not control leasing, though they share revenue according to their interest. State rules allow pooling and set well spacing, and decisions are regulated primarily at the state level.
Taxes and income basics
Income from bonuses and royalties is generally taxable. Producing minerals can be appraised separately for property tax purposes. Plan ahead for recordkeeping and talk with a qualified tax professional about how to report income and manage estate planning.
Doss due diligence checklists
Sellers: confirm what you own
- Pull your deed history with the Gillespie County Clerk to see if minerals were reserved or severed.
- Ask your title company for a title commitment that addresses mineral reservations, royalties, and leases.
- Check for recorded oil and gas leases, liens, or surface use agreements that could affect a sale.
- Disclose known severances or leases in your seller paperwork.
Buyers: verify before you close
- Confirm if you are buying surface only, surface plus minerals, or a fractional mineral interest.
- Ask the title company for a mineral-focused review and, if needed, a paid title opinion covering older records.
- Review state well and permit maps for historic or active wells near your tract.
- Consider owner’s title insurance endorsements related to minerals or a mineral escrow if issues are unclear.
- Request written statements from the seller about any leases, surface use agreements, or access easements.
Mineral owners and heirs
- Identify whether you also hold the executive right to lease. If not, your ability to sign leases may be limited.
- Track lease offers, including bonus amount, royalty rate, pooling language, and lease duration.
- Consider estate planning to avoid fractionalizing interests among many heirs over time.
- Consult an oil and gas attorney or reputable landman before signing any lease.
If approached by a lessee or operator
- Do not sign a lease without legal review. Focus on bonus, royalty, pooling, depth limits, shut-in payments, and term length.
- Negotiate a separate surface use agreement to protect improvements, livestock, crops, water, and access.
- Coordinate with neighbors since unitization can include adjacent tracts and common roads.
Protecting your land use
Surface concerns often include road wear, erosion, water sourcing, noise, lighting, and waste disposal. A good surface use agreement can set standards for road placement, dust control, fencing, water testing, and reclamation timelines. If a spill or discharge occurs, state agencies maintain complaint processes and oversight.
Clear documentation helps. Keep copies of leases, agreements, and communications with any operator.
Local resources to contact
- Gillespie County Clerk for deed records, mineral reservations, and recorded leases.
- Gillespie County Appraisal District for questions on appraisal of producing minerals and property tax implications.
- Gillespie County Tax Assessor-Collector for payment questions related to mineral income or property tax.
- Railroad Commission of Texas for well maps, permits, and operator information.
- Texas A&M AgriLife Extension for landowner guidance on surface protection and leasing basics.
- Local oil and gas attorneys, landmen, surveyors, and title companies for title opinions and negotiation support.
Common pitfalls to avoid
- Assuming the surface owner also owns the minerals. Always confirm with deeds and title work.
- Relying on verbal assurances about drilling or surface impacts. Put agreements in writing.
- Overlooking fractional mineral ownership among heirs, which can complicate leasing.
- Signing a lease that allows broad surface use without a separate surface agreement.
How this plays out in Gillespie County
Gillespie County is primarily rural with ranches, vineyards, and small communities. While the Hill Country typically sees less oil and gas activity than major producing basins, historic or occasional leasing can still occur near Doss. That means due diligence matters even if no well is visible today.
A clear title review, informed negotiation, and early planning can preserve your land’s use and long-term value.
Ready to talk mineral and surface strategy?
If you are weighing a purchase, sale, or lease near Doss, you deserve clear answers and a plan that fits your goals. Fredericksburg Realty’s ranch-focused team works with trusted title professionals, landmen, and attorneys to help you navigate mineral reservations, surface protections, ag operations, and long-term stewardship. When you are ready, Unknown Company can help you explore listings, evaluate offers, and move forward with confidence.
FAQs
What is the difference between mineral and surface rights in Texas?
- Mineral rights cover subsurface development and revenue, while surface rights cover use of the land at ground level. In a split estate, the mineral estate can use the surface as reasonably necessary.
How do I learn who owns the minerals under my Doss property?
- Start with Gillespie County Clerk deed records and the appraisal district. Then order a formal title search or consult a landman or title attorney for a mineral-specific review.
Can a mineral owner place a well near my home site in Gillespie County?
- The mineral estate is dominant, but the accommodation doctrine and negotiated surface use agreements can reduce impacts when reasonable alternatives exist.
If I only own royalties, can I decide lease terms in Doss?
- Usually no. Non-executive royalty owners receive revenue but do not control leasing unless they also hold the executive right.
Can local government stop drilling activity near Doss if neighbors object?
- Oil and gas permitting and spacing are primarily regulated at the state level. Local authority is limited compared to the state regulator.
How are lease bonuses and royalties taxed in Texas?
- Bonuses and royalty income are generally taxable to the recipient. Keep records and consult a tax professional for your specific situation.
