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In Texas, the term "lease" is in some ways a misnomer. In fact, an oil and gas lease is a conveyance by the Lessor of the fee mineral estate to the Lessee, for a term. As long as the lease is in force, the Lessee is the owner of the minerals covered by the lease, and the Lessor is the owner of a royalty interest only.
Primary Term and Delay Rentals Generally, it is a negotiated two to five years. Otherwise, the predrafted Producers 88 lease form contains a ten-year term.
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.
The surface use agreement will specify what the oil and gas company or operator can do on the landowner's land in developing the oil and gas, where development can take place, and what compensation the landowner will receive.
Recording: Sec. 5.021, Texas Property Code, any lease exceeding more than one year must be recorded in the same manner as a deed of conveyance in order to be valid against third parties without notice. Leases must be filed for record in the county in which the lease property is located.
Lease-options, along with contracts for deed and lease-purchases, have long been among the traditional tools of Texas residential real estate investors.
Oil and Gas leasing is a contract through which a landowner sanctions the exploration for and production of oil and gas on their land in exchange for an agreed royalty price.
Will My Federal Lease Be Extended? Like virtually all modern oil and gas leases, federal leases have a fixed primary term (typically 10 years)[1] and a habendum (i.e., ?so long thereafter?) clause.