Texas Surveyors Practice Exam

What mineral rights did the constitutional amendment of 1869 relinquish?

1. All future mineral rights

2. All mineral rights unless specifically reserved

3. Only surface mineral rights

4. No mineral rights at all

The correct answer is: All mineral rights unless specifically reserved

The constitutional amendment of 1869 relinquished all mineral rights unless specifically reserved by the landowner. This meant that if a landowner did not explicitly state in the deed or agreement that they were retaining ownership of certain mineral rights, those rights would automatically be transferred to the buyer or to the state. This principle is crucial in understanding property rights and mineral rights in Texas, as it emphasizes the necessity for clear declarations regarding the reservation of these rights in property transactions. The design of this amendment was meant to clarify ownership and streamline property transfers, avoiding ambiguity about who holds rights to minerals located beneath the land. Consequently, it highlights the importance of careful drafting and consideration of mineral rights in real estate transactions.