Affidavit of Non-Development and Non-Production

Category:
State:
Multi-State
Control #:
US-S016ST
Format:
Word; 
Rich Text
Instant download

Description

This is an affidavit that provides facts of the lack of production and drilling that may be required to maintain an oil and gas lease in effect.

An Affidavit of Non-Development and Non-Production is a written document that is used to show that a certain property or piece of land has not been developed or used for any purpose other than that specified. It is a sworn statement from the property owner that the property has not been developed or used for any other purpose. This document is usually required for various legal and tax purposes. There are two types of Affidavit of Non-Development and Non-Production: 1. Negative Affidavit of Non-Development and Non-Production: This affidavit is used when the owner is claiming that the property has not been developed or used for any purpose other than that specified. 2. Positive Affidavit of Non-Development and Non-Production: This affidavit is used when the owner is claiming that the property has been developed or used for a specific purpose or purpose unrelated to the current use of the property.

Definition and meaning

The Affidavit of Non-Development and Non-Production is a legal document used to declare that there has been no development or production of oil and gas on a specified piece of property over a certain period. This affidavit provides crucial information related to the status of oil and gas leases and assists in maintaining accurate records regarding mineral rights. It is often utilized in situations where mineral owners need to confirm that they have not received any rental or royalty payments due to cessation of production.

How to complete the form

Filling out the Affidavit of Non-Development and Non-Production involves several steps:

  1. Identify the property by entering its legal description in the designated area.
  2. State your relationship to the property, such as whether you are the mineral owner.
  3. Confirm the period during which there has been no oil or gas production and specify the last date of production.
  4. If applicable, provide details about any rental or royalty payments received.
  5. Sign the affidavit in front of a notary public.

Who should use this form

This affidavit is designed for individuals or entities that own mineral rights or interests in property where oil and gas operations have occurred or are permitted. It is particularly relevant for:

  • Mineral owners wishing to declare the cessation of production.
  • Individuals needing to clarify ownership or interest in a property regarding oil and gas leases.
  • Legal representatives managing estates or property transfers involving mineral rights.

Common mistakes to avoid when using this form

To ensure the affidavit is valid and effective, avoid these common errors:

  • Failing to provide the correct legal description of the property.
  • Leaving out important dates regarding the last production or rental payments.
  • Not notarizing the document, which may lead to rejection in legal settings.
  • Using vague or ambiguous language that could create misunderstandings.
  • Submitting the form without verifying that all personal information is accurate and complete.

What to expect during notarization or witnessing

When you take the Affidavit of Non-Development and Non-Production to a notary public, be prepared for the following steps:

  • The notary will confirm your identity, so bring valid identification.
  • You will need to sign the affidavit in the presence of the notary.
  • The notary will then affix their seal and signature, verifying the document’s authenticity.
  • Keep a copy of the notarized document for your records.
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Affidavit of Non-Development and Non-Production