North Dakota Ratification, Renewal, Revivor, and Extension of Oil, Gas, and Mineral Lease to Allow Lessee to Drill Another Well

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Multi-State
Control #:
US-OG-116
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Description

This form is used when an oil and gas lease, by its terms may have been deemed to have expired and the lessee desires to drill another well on the lands. A mere ratification or renewal of an expired lease will not cause the lease to be valid. A revivor of the lease is required. This form allows for the revival of a lease for the purposes of allowing the lessee to drill another well.

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FAQ

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.

If the lessee is engaged in drilling operations at the expiration of the primary term of the lease,[9] the lease term will be extended for an additional two years if certain requirements are met. [10] Actual drilling operations that penetrate the earth are required.

Mineral interests last indefinitely as long as they are not abandoned. Minerals are considered abandoned when they have not been used or claimed for twenty or more years. Minerals are ?used? when some type of activity such as production, leasing, or conveying occurs under North Dakota law.

When minerals are owned by a private citizen or entity, oil and gas companies must lease the minerals prior to drilling for oil and gas. A mineral lease is a contractual agreement between the owner of a mineral estate (known as the lessor), and another party such as an oil and gas company (the lessee).

in clause (or shutin royalty clause) traditionally allows the lessee to maintain the lease by making shutin payments on a well capable of producing oil or gas in paying quantities where the oil or gas cannot be marketed, whether due to a lack of pipeline connection or otherwise.

Royalty Rate: This rate is the percentage stated on the lease agreement as revenue allocation. It represents the amount the resource owner is expected to receive from the sale of the oil and gas. Royalty rates are between 12.5% to 15%.

A surrender clause is a part of an oil and gas lease that allows the person leasing the land to give up their rights to some or all of the land they are leasing. This means they can stop using that land and won't have to do anything else related to it.

At that point, your oil and gas lease is extended beyond the primary term into the secondary term and continues as long as the condition(s) for the existence of the secondary term occurs; e.g., ?and as much longer as oil and gas are produced,? meaning, in this example, that the secondary term will continue as long as ...

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North Dakota Ratification, Renewal, Revivor, and Extension of Oil, Gas, and Mineral Lease to Allow Lessee to Drill Another Well