Missouri Subordination by Mineral Owners of Rights to Make Use of the Surface Estate - Transfer

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Multi-State
Control #:
US-OG-141
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Word; 
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Description

This form addresses the situation in which mineral owners, as owners of the dominant estate, agree to relinquish their rights to make use of the surface of specific lands in which they own mineral interests.
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FAQ

In contrast to a royalty interest, a working interest refers to an investment in an oil and gas operation where the investor does bear some costs for exploration, drilling and production. An investor holding a royalty interest bears only the cost of the initial investment and isn't liable for ongoing operating costs. Royalty Interest: What it Means, How it Works - Investopedia investopedia.com ? terms ? royalty-interest investopedia.com ? terms ? royalty-interest

The most common way is through a will or estate plan. When the mineral rights owner dies, their heirs will become the new owners. Another way to transfer mineral rights is through a lease. If the mineral rights are leased to a third party, the new owner will need approval from the current lessee to claim them.

WHO OWNS THESE MINERAL RIGHTS? In Canada, property owners generally hold the surface rights, while mineral rights are usually owned by the provincial government.

Royalty is a portion of the proceeds from the sale of production which is paid monthly to the mineral rights owner. The royalty is usually described in the lease as a fraction such as 1/8th, or 1/6th.

For example, you (the mineral owner) sign an oil and gas lease with ABC Energy. Under that lease, you keep a 1/5 royalty interest. This means that each month you will receive 1/5 of the proceeds from production done by ABC Energy. Mineral Interests - Payne, Powell, Truitt & Chandler Law Group tpaynelaw.com ? practice-areas ? estate-planning tpaynelaw.com ? practice-areas ? estate-planning

Missouri's statutes give the owner of the property rights to the minerals below the surface in the absence of a contract to the contrary. They also prescribe the duties of property owners and miner's.

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Missouri Subordination by Mineral Owners of Rights to Make Use of the Surface Estate - Transfer