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Lessees can maintain all of the leased interests by production in paying quantities on any part of the lease. This is because a community lease serves to pool the interests. The lessee generally treats the lease as a single property except that royalties are paid in proportion to their ownership.
Non-Apportionment Rule The rule?followed in the majority of states?that royalties accruing under a lease on property that has been subdivided after the lease grant are not to be shared by the owners of the various subdivisions but belong exclusively to the owner of the subdivision where the producing well is located.
You will need to sign the mineral deed form in front of a notary to confirm its authenticity, have it notarized, and have it recorded. The recorder of the deed can send a copy back to us, and you will keep a copy. And you are done!
The formula to calculate NPRI without proportionate share reduction is LRR ? RI = NPRI. As an example, reducing your revenue interest from 25% LRR results in 1/16 NPRI, leaving 75% NRI for working interest owners.
Under Texas law, there is a rule of non-apportionment. It sets out that when the property is subdivided after the lease is already in place on the tract, the royalties are not apportioned but given to the royalty interest owner on whose property the well physically sits. Delay rentals however are apportioned.
In such a circumstance, the Payor may elect to file what is known as an Interpleader action to determine the proper owner (or might be encouraged to do so). In an Interpleader, the stakeholder sues the parties who are asserting conflicting claims to the royalties due and deposits the royalties into the court.
The following are methods for establishing mineral rights ownership: Deed. A deed is used to transfer mineral rights ownership from one party to another. Lease. ... Severance. ... Adverse Possession. ... Surface Use Agreement. ... Royalties. ... Mineral Estate. ... Texas Railroad Commission.
Typically, NPRIs are created by an express grant or reservation in a deed and are entirely different from a ?leasehold? royalty. The holder of a NPRI has no power to negotiate or execute an oil and gas lease and has no power to enter upon the land to extract the hydrocarbons.