Legal Question in Real Estate Law in Texas

Re: Right of access

I'm not sure I understand your question. The rights to minerals and surface rights are separate rights; they can go to two different people or to the same person. As for grantor to grantee, that is typical, but sometimes there are inteste successions, successors in interest, etc., where the grantor is unavailable, and transfers that are accomplished by operation of law. In other words, the grantor's interests are transfered to the grantee without the grantor's participation.

Re: Right of access

You have to turn over all documents responsive to proper discovery requests unless you can demonstrate that they are privileged. TX has a bit of a complicated procedure for claiming privilege; so you should read those rules and all the others so you don't lose your right to use documentary evidence. Ask yourself, "How would I want them to behave and act? and this will tell you how you should. Otherwise, you may try the judge's last bit of patience with a pro se litigant. You do know the saying about representing yourself? I wouldn't do it myself in part because you lose the appearance of objectivity when you don't have an attorney.

Re: Right of access

I apologize; I gave you someone else's answer. Your answer is no it doesn't have to be conveyed and can not be if the grantor has the land but never got the mineral rights. TxDOT acquires land all the time for highways and almost never acquires the corresponding mineral rights.