Montana Partition Deed for Mineral / Royalty Interests

State:
Multi-State
Control #:
US-OG-054
Format:
Word; 
Rich Text
Instant download

Description

If parties, owning undivided interests in lands, desire to partition those interests so that each party owns the entire interest in a particular tract of land, this may be accomplished by a partition deed. This form addresses that situation.

A Montana Partition Deed for Mineral/Royalty Interests is a legal document that allows the division or separation of mineral or royalty interests in properties located in the state of Montana. This deed plays a crucial role in situations where multiple owners own fractional shares of these interests and wish to have their ownership rights precisely defined and allocated. The Montana Partition Deed ensures a clear and legally binding division of mineral or royalty interests among the owners involved. It outlines the specific shares, percentages, or portions each owner possesses, avoiding confusion or future disputes. Different types of Montana Partition Deeds for Mineral/Royalty Interests may include: 1. Fractional Interest Partition Deed: This type of partition deed is used when multiple owners possess fractional interests in mineral or royalty rights. It details the specific fraction or percentage of each owner's share, allowing for a clear division of interests. 2. Geographic Partition Deed: In cases where there are multiple properties or parcels involved, a geographic partition deed may be used. It provides a delineation of the different locations or areas where the mineral or royalty interests are located for each owner. 3. Surface and Subsurface Partition Deed: This partition deed specifically deals with the separation of ownership rights between the surface land and the subsurface mineral or royalty interests. It establishes the respective rights and limitations of the owners, ensuring clarity and avoiding conflicts. 4. Payment Partition Deed: In situations where the owners agree to allocate the monetary value of the mineral or royalty interests instead of physically dividing them, a payment partition deed may be utilized. This document outlines the payment terms and schedule to compensate each owner for their share. Montana Partition Deeds for Mineral/Royalty Interests are typically prepared by attorneys or legal professionals specializing in real estate or natural resources law. These deeds provide legal certainty and protect the rights of owners, allowing for the smooth and efficient management of mineral or royalty interests in Montana properties.

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FAQ

?To pay Lessor for gas (including casinghead gas) and all other substance covered hereby, a royalty of 3/16 of the proceeds realized by Lessee from the sale thereof.? This simply means the operator will pay a royalty of 3/16 of revenue generated from production on the property.

Royalty = Payment-to-licensor/Product-sales-price. where: ROS = Royalty on Sales price. LSEP = Licensor's Share of Enterprise Profit.

Surprisingly, these materials may or may not belong to the surface owner. Millions of acres of private land in the Montana/Dakotas region involve a split estate; where the surface ownership is private but the mineral rights are retained by the federal government or other entities.

County Forms The General Mineral Deed in Montana transfers oil, gas, and mineral rights from the grantor to the grantee. THIS IS NOT A LEASE. There are no Exceptions or Reservations included. The transfer includes the oil, gas and other minerals of every kind and nature.

Mineral rights deeds are not the same as royalty deeds. Royalty deeds do not allow for surface access, or for the initiation of the extraction and sale of minerals. A royalty owner will only benefit economically if the mineral owner decides to produce and sell the minerals.

As a mineral rights value rule of thumb, the 3X cash flow method is often used. To calculate mineral rights value, multiply the 12-month trailing cash flow by 3. For a property with royalty rights, a 5X multiple provides a more accurate valuation (stout.com).

It is calculated as follows: Volume X Price ? Deductions ? Taxes X Owner Interest = Your Royalty Payment. Whether you are a mineral owner receiving royalty checks or just wanting to know what your minerals are worth, LandGate knows what they are worth and can market your minerals to get you the most money.

Generally, the standard royalty rates for authors is under 10% for traditional publishing and up to 70% with self-publishing.

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How to fill out Partition Deed For Mineral / Royalty Interests? When it comes to drafting a legal form, it is easier to leave it to the professionals. Examples are royalties or other interests that are separated from the ownership of mineral property. These ownerships will be recorded as restrictions on the ...This general mineral deed gives the grantee the right to access, for the purpose of mining, drilling, exploring, operating and developing said lands for oil, ... Make the steps below to fill out Partition Deed for Mineral / Royalty Interests online easily and quickly: Sign in to your account. Sign up with your email ... ROYALTY OWNERS FORMS PROGRAM · Agmt to Partition Community Property (Joint Tenancy, Rt of Survivorship) · Deed and Assignment (From Individual to a Trust) · Deed ... Mar 6, 2013 — In any case, the interest remains in her name, although deceased, and a potential lessee/purchaser would have a difficult time finding its ... If the personal representative holds a mortgage, pledge, or other lien upon property of another person, the personal representative may, in lieu of foreclosure, ... BASIC OIL AND GAS FORMS PROGRAM · Correction to Mineral Deed (As to Interest Conveyed) · Gift Deed of Mineral Interest (With no Warranty) · Mineral Deed (Reserving ... by DJ Glancy · 1998 · Cited by 12 — Of course, Texas oil and gas law recognizes a strong fiduciary relationship between the owner of the executive right and royalty interests in a mineral estate. A mineral deed conveys the rights to subsurface land or profits. Quitclaim Deed. A quitclaim deed conveys whatever interest the grantor has in the property, as ...

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Montana Partition Deed for Mineral / Royalty Interests