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The memorandum of lease is a short form version of the oil and gas lease. The memorandum of lease is recorded. The full lease will not be recorded. You may also receive an addendum.
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). The lease gives an oil or gas company the right to explore for and develop the oil and gas deposits in the area described in the lease.
The primary term is usually for a set amount of years, 1, 3, 5, 7 or 10 years. The secondary term normally takes effect once the primary term has expired and the condition(s) set forth in the term clause, or habendum clause, of your oil and gas lease for the secondary term to take effect is satisfied.
The royalty percentage is usually 12.5% to 15% but can change based on regional regulations or negotiations. Types of Leases: There are different types of oil and gas leases, and they affect royalty calculations differently.
Oil and gas lessees retain royalties on all production from their lease. The mineral rights owners receive a royalty interest since drilling and production costs are not deducted from it. Most oil and gas royalty interests are expressed as fractions or percentages.
Again, negotiating oil leases takes time. Don't Respond That You're Not Interested. ... Don't Rush to Hire a Lawyer. ... Don't Start Spending Money You Don't Yet Have. ... Don't Warrant the Mineral Title. ... Don't Lease Multiple Non-contiguous Tracts on One Lease Form. ... Don't Spout Off during Negotiating.
Search online database of new and updated oil and gas leases. Use Enverus analytics to focus search on specific geographies, lease dates and contract terms, production record and leasing costs.
The primary term on average is 3 years. Companies can add a 2-year extension if they wish. The company that executed the lease uses this time period to achieve drilling the well. Once that is completed, the secondary term begins and lasts for as long as the well is producing.