Oklahoma Conveyance of Right to Make Free Use of Gas Provided For in An Oil and Gas Lease
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How to fill out Conveyance Of Right To Make Free Use Of Gas Provided For In An Oil And Gas Lease?
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FAQ
The statutory minimum is 1/8th or 12.5%, but it may be as high as 1/4th, or 25%. Since the 1990s, Oklahoma royalties have typically been at least 18.75 percent, but 20 to 25 percent is not unheard of for Oklahoma mineral owners.
A Pugh Clause terminates the lease as to the portions of the land that are not included in a unit if the lessee does not conduct independent operations. Therefore, the Pugh Clause requires the lessee to develop areas of the lease that are not included in a unit.
Under the law of capture, a landowner or mineral owner has the "exclusive right to drill for, produce, or otherwise gain possession of [petroleum-based] substances."6 Included in these exclusive rights is "the right to reduce to possession oil and gas 'coming from land belonging to others.
The rule states that oil and gas become the property of the owner of the land on which they are recovered by lawful drilling or other operations, regardless of whether they might have migrated from their original position under the land of another.
Theories of ownership Other states, like Oklahoma, have adopted the ?exclusive-right-to-take? theory that landowners do not own the substances that underlie their land but merely retain the exclusive right to capture the substances, a non-corporeal interest.
While traditional laws state that landowners have the property rights to everything within their land boundaries, both above and below ground, the rule of capture was introduced, which allows a person who draws up oil and gas to keep it if it came up through a well located on his or her land -- it does not matter where ...
An assignment of oil and gas lease is a contractual agreement between a landowner and an oil or gas company in which the company gains the right to explore for, develop, and produce oil and gas from the property.
Common law exceptions: Five common law exceptions to the rule of capture limit a landowner's right to pump groundwater. First, a landowner may not ?maliciously take water for the sole purpose of injuring his neighbor.? Second, a landowner may not ?wantonly and willfully waste? groundwater.
