Addendum

TXR 1905 — 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, ingress/egress rights, exploration and development rights, production and drilling righ

Source: TXR
Form Number: 1905
Category: Addendum
Revised: November 7, 2022

Used For

Residential Sales, Farm & Ranch, Vacant Land

Form Outline

The TXR 1905 form is organized into the following sections:

  1. Property Identification
    Identifies the property address that this mineral reservation addendum applies to, linking it to the underlying sales contract.
  2. Notice of Limited Use
    Prominently warns that this addendum is only appropriate when the seller is reserving mineral rights — not for other mineral-related situations.
  3. Definition of Mineral Estate
    Provides the comprehensive legal definition of the Mineral Estate, listing all included rights (oil, gas, minerals, royalties, executive rights, ingress/egress, exploration, production, drilling, lease payments) and explicitly excluding water, sand, gravel, limestone, building stone, caliche, surface shale, near-surface lignite, and iron — while preserving the right to use those excluded materials for mineral operations.
  4. Reservation Election
    Requires the seller to elect whether to reserve all or a fractional/percentage interest of the Mineral Estate. Only one option may be checked. If the seller chooses a partial reservation, they enter a percentage or fraction. The note clarifies that a partial reservation applies only to the seller's actual ownership interest, not the entire Mineral Estate.
  5. Surface Rights Waiver Election
    Gives the seller the choice to retain or waive surface-use rights (ingress/egress and reasonable use of the property for mineral operations). If the seller fails to make a selection, the default is that all surface rights are conveyed to the buyer. Other mineral owners' surface rights are not affected by this election.
  6. 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 100% of the Mineral Estate.
  7. Important Notice and Attorney Consultation
    Strong warning that mineral rights are complex, may be unknown even to the seller, and that only an attorney with mineral expertise can determine title with certainty. Both parties are encouraged to consult specialized legal counsel.
  8. Signatures
    Signature lines for all buyers and sellers to execute the addendum.

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