A Texas royalty deed conveys a share of what an oil or gas well produces, free of the cost of producing it, without handing over the power to lease the minerals or drill them. This form prepares a royalty deed that conveys a non-participating royalty interest in the oil, gas, and other minerals under a described tract, with a general warranty of title and subject to any existing lease.

One Stick From the Bundle

Texas treats the mineral estate as a bundle of five rights: the right to develop the minerals, the right to lease them, the right to a lease bonus, the right to delay rentals, and the right to royalty. A royalty deed conveys only the last one. The grantee receives a fractional share of production but takes no part in signing leases, no say in whether a well is drilled, and no bonus or delay rental. Because the holder does not participate in those decisions, the interest is a non-participating royalty interest, often shortened to NPRI.

That single-stick character is what the form makes unmistakable. Texas courts read a deed by its whole text, and the words decide whether an interest is royalty or mineral in nature. Following the line of cases from Watkins v. Slaughter through Temple-Inland Forest Products Corp. v. Henderson Family Partnership, the form names the interest a royalty interest, states that it bears none of the costs of production, and strips the executive, development, bonus, and delay rental rights. A deed that merely grants minerals in and under the land, by contrast, tends to create a mineral interest, a different instrument.

Fixed or Floating

A royalty fraction can be written two ways, and the choice changes what the grantee collects when an old lease ends and a new one begins at a different rate. A fixed royalty is a set fraction of gross production, such as a fixed one-sixteenth of everything the well yields, and it does not move when the lease changes. A floating royalty is a fraction of whatever royalty the lease in force reserves, so it rises and falls with the lease rate. Decades of Texas litigation over double-fraction language, the kind that reads one-half of one-eighth, trace back to deeds that left this ambiguous, with Luckel v. White and Hysaw v. Dawkins among the leading cases. The form gives separate space to state the size of the interest and whether it is fixed or floating.

Subject to the Lease and Recorded for Protection

A royalty is paid under the terms of the lease that governs the well, so the form identifies any existing oil and gas lease the conveyance is made subject to, along with other matters of record. A subject-to clause also limits the conveyance to what the grantor actually owns. A royalty interest is an interest in land, so the deed is recorded with the county clerk where the land lies, which protects the grantee against a later purchaser from the same grantor. The county appraisal district then lists the interest as real property for ad valorem tax, since Texas treats an interest in minerals as real property.

What the Package Includes

The package includes the royalty deed as a fillable PDF, a completed example filled in for a realistic Reeves County fact pattern, and a plain-language guide that walks through every section and explains the fixed and floating choice. The materials are informational and are not legal advice. A grantor conveying the minerals themselves, with leasing and bonus rights, looks to the Texas Mineral Deed instead.

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 Royalty Deed

Convey a partial interest in mineral rights
Gift mineral rights to a child or family member
Transfer mineral rights as part of a business transaction
Transfer royalty interests in mineral production
Transfer inherited mineral rights to a family member
Convey geothermal or water rights on a property
Divide mineral rights among multiple heirs

Compare other Texas deed forms and documents

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 (Ingress and Egress) 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) Mineral Deed (Special 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 royalty deed 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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