Mineral and royalty interests are among the more esoteric corners of the 1031 world: because mineral rights are considered real property, an investor can exchange into producing oil-and-gas royalties and continue deferring gain — while collecting income with no drilling or operating risk.
A royalty interest entitles the owner to a share of revenue from oil-and-gas production, free of the costs of drilling and operating the well. When packaged into a Delaware Statutory Trust, these interests become 1031-eligible replacement property, letting an exchanger move proceeds into an income stream backed by producing wells — often in the Permian and Anadarko basins — rather than another building.
The appeal is current income and tax characteristics. Royalty distributions tend to be high relative to other DST sectors, and a portion is typically sheltered by the depletion deduction, which offsets income as reserves are produced. The trade-off is exposure to commodity prices and to the natural decline of producing wells over time.
Sponsor aggregates royalties
A sponsor assembles a diversified pool of producing mineral and royalty interests, often across hundreds of wells and thousands of acres.
Packaged as a 1031-eligible DST
The interests are placed in a DST so exchange proceeds can be deployed as like-kind real property.
You collect royalty income
As wells produce, investors receive their pro-rata royalty share — typically monthly — net of no operating costs.
Depletion shelters income
A depletion allowance offsets a portion of distributions, improving after-tax yield over the hold.
Average current yield: minerals vs. real-estate sectors
Going-in distribution · Q2 2026 · Baker 1031 Data CenterHigh current income
Royalty yields are typically well above other DST sectors, appealing to income-focused exchangers.
1031 eligibility
Mineral rights are real property, so royalty DSTs can serve as like-kind replacement property.
Depletion tax shield
The depletion deduction shelters part of the income, raising after-tax return.
No operating burden
Royalty owners bear none of the drilling, completion, or operating costs of the wells.
Commodity-price risk
Distributions rise and fall with oil and gas prices, which are volatile.
Production decline
Wells deplete over time; income can decline as reserves are produced without new drilling.
Concentration
Programs are concentrated in specific basins and operators, limiting diversification.
Illiquidity and complexity
Like other DSTs, these are illiquid private placements, with added geological and operator-specific risk.
How mineral & royalty DSTs compare on income and risk
| Dimension | Mineral & royalty DST | Typical real-estate DST |
|---|---|---|
| Current income | High (~9–10% target) | Moderate (~5–6%) |
| Income tax shelter | Depletion allowance | Depreciation |
| Primary risk | Commodity price + decline | Occupancy + rents |
| Operating duties | None (royalty) | None (sponsor-managed) |
| Appreciation | Limited; reserve-driven | Property value growth |
| 1031 eligible | Yes | Yes |
General characteristics; specific programs vary. Not investment advice.
