Pennsylvania Agreement Waiving Surface Use by Oil and Gas Lessee

State:
Multi-State
Control #:
US-OG-655
Format:
Word; 
Rich Text
Instant download

Description

This form is used when the Lessor desires to sell, subdivide, or partition all or a part of the lands covered by the Lease (the Lands), and has requested a partial waiver of surface use of certain portions of the Lands subject to the Lease, and a waiver is agreeable to Lessee. This Agreement relates solely to the surface use and does not in any other way affect or diminish the Lessee's rights, interests and estate under the Lease.

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FAQ

Mineral rights can be sold in any Pennsylvania county for anything from $500/acre to $5,000+/acre. Isn't that a pretty wide range? The reason for such a range is because the ranges depend on where you are located in Pennsylvania. The cost of your property is heavily influenced by where you are located.

Many landowners signed leases with the statutory minimum royalty of 12.5 percent. This minimum royalty is guaranteed by Pennsylvania's Guaranteed Minimum Royalty Act (GMRA). Pursuant to the GMRA, an oil and gas lease is invalid unless it guarantees the landowner a production royalty of at least 12.5 percent.

Pennsylvania allows property owners to separate the surface rights and the subsurface rights, which are oil, gas or mineral rights. When nothing is done, the property owner owns everything, surface and subsurface rights. The property owner may choose to sell or lease these subsurface rights.

The mineral owner's interest in the spacing unit is calculated by dividing the number of acres owned by the mineral owner within the unit by the total number of acres in the unit (Acres Owned / Total Acres in Unit). This will result in a decimal.

Pennsylvania does not maintain ownership records of mineral properties and county governments often have these records. Therefore, the starting place should often be the County Recorder of Deeds Office. An older mineral deed may or may not be recorded in this office.

On July 11, 2006, the Pennsylvania General Assembly enacted the Dormant Oil and Gas Act. The purpose of the Act is to permit the development of underground oil and gas reserves when all owners of oil or gas interests cannot be located or identified.

Act 13 provides for enhanced environmental protections for the development of unconventional wells and for the collection and imposition of an impact fee for the development of unconventional wells. Operators of conventional gas wells are not subject to the impact fee provisions contained in Act 13.

The general rule of thumb for the value of mineral rights in Texas is 2x to 3x the lease bonus you received. For example, if you got $500/acre when you leased your property, you might expect to sell for somewhere between $1,000 to $1,500/acre if you were to sell mineral rights in Texas.

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Pennsylvania Agreement Waiving Surface Use by Oil and Gas Lessee