A mineral interest can change hands many times across leases, partial sales, and inherited fractions, and the grantor signing it over today rarely knows what every prior owner did to the title. The Texas mineral deed with a special warranty is built for that reality: the grantor conveys the oil, gas, and other minerals it owns and stands behind the title for its own period of ownership, leaving the deeper history to the records. This form prepares that deed under Chapter 5 of the Texas Property Code.

A warranty that stops at the grantor's own ownership

A general warranty defends the title against every lawful claim, whenever it arose. A special warranty is narrower: the grantor warrants and forever defends the title only against claims arising by, through, or under the grantor, and not otherwise. The Supreme Court of Texas described that scope in Chicago Title Insurance Co. v. Cochran Investments, noting that without the limitation a special warranty deed effectively becomes a general warranty deed. The interest conveyed is identical either way; only the reach of the title promise changes, which is why this warranty is common between businesses and in transactions where the grantor will not vouch for the older chain.

What a mineral interest actually is

Texas treats the mineral estate as a bundle of separable rights, often called the five sticks: the right to lease, the right to develop the land through ingress and egress, and the rights to bonus, delay rentals, and royalty. A mineral deed conveys those rights in the fraction the deed names, together with the right of ingress and egress to develop the minerals, and the form states the interest precisely, as a fraction or decimal, in net mineral acres, and with any limit by depth, formation, or substance. Under Texas law oil, gas, and other minerals reaches oil, gas, uranium, sulphur, and salt, and not limestone, caliche, surface shale, building stone, sand, gravel, or water. The deed uses the words of grant the Texas statute recognizes, grants, sells, and conveys, so it conveys the interest itself; an instrument that passes only right, title, and interest reads instead as a quitclaim, which sits in the chain of title differently.

Leases, signing, and recording

Most producing minerals are already under an oil and gas lease, and a mineral deed usually conveys the interest subject to that lease, carrying the corresponding share of bonus, rentals, and royalty; the form identifies the lease and lists what the grantor reserves. The grantor signs before a notary, and an entity grantor signs through an authorized individual whose name and capacity appear on the deed. A separate line lets a non-owner spouse join where the minerals are part of homestead property, the situation Texas Family Code Section 5.001 reaches. The deed is recorded with the county clerk of the county where the land is located; Senate Bill 16 added a photo identification requirement for instruments presented in person for filing on or after December 4, 2025.

The package includes the deed as a fillable PDF, a completed example on a realistic Reeves County fact pattern, and a plain-language guide that walks through every numbered section. The materials are informational and are not legal advice; a Texas attorney can address how these rules apply to a specific mineral interest and transaction.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Mineral Deed (Special Warranty)

Divide mineral rights among multiple heirs
Transfer mineral rights as part of an estate settlement
Transfer inherited mineral rights to a family member
Sell subsurface rights while retaining surface ownership
Sell or transfer mineral rights separately from surface rights
Transfer royalty interests in mineral production
Transfer mineral interests into a trust or LLC

Compare other Texas deed forms and documents

Mineral Deed (Without Warranty) Royalty Deed General Warranty Deed (Individual Grantor) General Warranty Deed (Joint Grantors) General Warranty Deed with Vendor Lien (Individual Grantor) General Warranty Deed with Vendors Lien (Third-Party Lender) Deed Without Warranty Gift Deed Without Warranty Gift Deed Special Warranty Special Warranty Deed (Individual Grantor) Special Warranty Deed (Joint Grantors) Grant Deed (Individual Grantor) Grant Deed (Joint Grantors) Quitclaim Deed Correction Deed Transfer on Death Deed (Individual) Transfer on Death Deed (Joint Owners with Right of Survivorship) Transfer on Death Deed (Community Property with Right of Survivorship) Community Property Survivorship Agreement Revocation of Community Property Survivorship Agreement Enhanced Life Estate Deed Revocation of Transfer on Death Deed (Individual) Revocation of Transfer on Death Deed (Joint Owners) Affidavit of Death (Transfer on Death Deed Beneficiary) Easement Deed Termination of Easement Executor Deed (Independent Executor) Administrator Deed (Independent Administrator) Personal Representative Deed Under Court Order Affidavit of Heirship Heirship Deed (Special Warranty by Heirs) Disclaimer of Interest Trustee Deed Certificate of Trust Mineral Deed (General Warranty) Mineral Deed (No Warranty) Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Statutory Durable Power of Attorney Demand for Payment Notice of Contractual Retainage Notice of Specially Manufactured Materials Preliminary Notice to Original Contractor Preliminary Notice to Owner and Original Contractor Affidavit of Lien Request for Information from Owner Request for Information from Subcontractor Request for Information from Original Contractor Conditional Waiver and Release on Progress Payment Conditional Waiver and Release on Final Payment Unconditional Waiver on Progress Payment Unconditional Waiver on Final Payment Release of Lien Contract for Deed Memorandum of Contract Deed of Trust and Promissory Note Release of Lien - by Deed of Trust and Note Appointment of Substitute Trustee for Deed of Trust Assignment of Deed of Trust Collateral Assignment of Note and Liens (Security Agreement) Release of Collateral Transfer of Note and Lien Collateral Assignment of Leases, Rents and Rights Release of Collateral Assignment of Leases and Rents Lis Pendens Lis Pendens Release

Important: County-Specific Forms

Our mineral deed (special warranty) forms are specifically formatted for each county in Texas.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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