Addendum

TREC 44-3 — Addendum for Reservation of Oil, Gas, and Other Minerals

This addendum allows a seller to reserve all or a portion of the mineral estate when conveying real property. It defines what constitutes the 'Mineral Estate' (oil, gas, other minerals, royalties, executive rights, and related interests), provides options for full or partial reservation, and address

Source: TREC
Form Number: 44-3
Category: Addendum
Revised: November 7, 2022

Used For

Residential Sales, Farm & Ranch, Vacant Land

Form Outline

The TREC 44-3 form is organized into the following sections:

  1. Header and Property Identification
    Connects this addendum to the main contract via the property address and establishes the limited-use notice that it applies only to seller mineral reservations.
  2. Definition of Mineral Estate
    Provides the comprehensive definition of what constitutes the Mineral Estate being reserved. The definition is intentionally broad, covering not just the minerals themselves but all associated rights, royalties, and executive powers. Certain surface materials are excluded from the definition but can still be used for mineral extraction purposes.
  3. Reservation Election
    Requires the seller to choose between reserving 100% or a partial undivided interest in their mineral estate. The reservation applies only to what the seller actually owns -- if the seller owns only a fraction of the minerals, the reservation is a percentage of that fraction. Only one option may be selected.
  4. Surface Rights Waiver
    Addresses whether the seller retains or waives the surface access rights that accompany mineral ownership. This is separate from the mineral reservation itself -- a seller can reserve minerals but waive the right to access the surface for extraction. Other mineral owners' surface rights are unaffected by this election.
  5. Existing Mineral Lessee Disclosure
    Requires the seller to disclose contact information for any known existing mineral lessees within 7 days of the effective date, but only when the seller is not reserving their entire mineral interest. This ensures the buyer is aware of who holds active mineral leases on the property.
  6. Important Notice and Attorney Consultation Advisory
    Strong advisory warning both parties that mineral rights are complex, may have unknown scope, and require attorney expertise to properly evaluate. Stresses that partial conveyances or reservations can have unintended legal consequences and that precise language is critical.
  7. Signatures
    Provides signature lines for all buyers and sellers. All parties to the main contract must sign the addendum for it to be binding.

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