Texas Unitization Agreement

State:
Multi-State
Control #:
US-OG-776
Format:
Word; 
Rich Text
Instant download

Description

This form is used to promote conservation, increase the ultimate recovery of Unitized Substances of the specified lands and to protect the rights of the owners, it is deemed necessary and desirable to enter this Agreement, in conformity with (Applicable State Statute), to unitize the oil and gas rights in the Unitized Formation in order to conduct Unit operations for the conservation and utilization of Unitized Substances as provided in this Agreement.

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FAQ

Code §3.39(a). 15 - Smith & Weaver, supra note 3, at §9.3(B). Under Statewide Rule 38, the drilling unit size for wells subject to state- wide rules is 40 acres, though special field rules may set different density requirements.

Section 102.014 authorizes small tract owners to force-pool their tracts into adjoining tracts of equal or greater size than standard proration units in the field.

What Are Mineral Rights and Who Has Them? Mineral rights in Texas are the rights to mineral deposits that exist under the surface of a parcel of property. This right normally belongs to the owner of the surface estate; however, in Texas those rights can be transferred through sale or lease to a second party.

Texas courts have held that income derived from royalties received from the production of oil and gas from one spouse's separate property also constitutes that spouse's separate property.

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.

Mineral rights ownership can be established in the following ways: Deed. A deed is used in transferring the ownership of mineral rights from one party to the other. Lease. ... Severance. ... Adverse Possession. ... Surface Use Agreement. ... Royalties. ... Mineral Estate. ... Texas Railroad Commission.

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.

Like surface interests, mineral interests are passed down by inheritance. If there is a valid will, it controls who gets the property. If not, Texas laws of heirship controls.

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Texas Unitization Agreement