Massachusetts Ratification of Oil and Gas Lease by Nonparticipating Royalty Owner

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US-OG-112
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Description

A nonparticipating royalty owner ratifying an oil and gas lease is usually requested by a lessee to allow the nonparticipating royalty interest to be pooled under the terms of the lease (some jurisdictions, including Texas, do not allow a nonparticipating royalty interest owners interest to be pooled, without the owners consent). This form of ratification may also be used by a nonparticipating royalty owner to allow the owner to be included in a pooled unit in which he or she may not otherwise have been included.

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FAQ

Non-Apportionment Rule The rule?followed in the majority of states?that royalties accruing under a lease on property that has been subdivided after the lease grant are not to be shared by the owners of the various subdivisions but belong exclusively to the owner of the subdivision where the producing well is located.

Mineral rights in Texas are the rights to mineral deposits that exist under the surface of a parcel of property. This right normally belongs to the owner of the surface estate; however, in Texas those rights can be transferred through sale or lease to a second party.

Participating Royalty Interest (NPRI) is an interest in oil and gas production which is created from the mineral estate. Like the plain ?royalty interest? it is expensefree, bearing no operational costs of production.

After a death, assets like mineral rights often go through probate, which is a legal process to authenticate a will and distribute assets ing to it. If no will exists, probate helps determine how assets should be divided.

Yes, it can be beneficial to sell your mineral rights for a fair price, even producing rights. First, sellers must be aware of the different stages of the production process. They must also know the value their minerals and royalties command in every development stage.

To ?ratify? a lease means that the landowner and oil & gas producer, as current lessor and lessee of the land, agree (or re-agree) to the terms of the existing lease.

Royalty Clause There are two types of royalties, a net and a gross royalty. Normally, the oil and gas lease contains a net royalty. If the lease provides for a net royalty, this means that post-production deductions will be taken from the royalty.

Lessees can maintain all of the leased interests by production in paying quantities on any part of the lease. This is because a community lease serves to pool the interests. The lessee generally treats the lease as a single property except that royalties are paid in proportion to their ownership.

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Massachusetts Ratification of Oil and Gas Lease by Nonparticipating Royalty Owner