Definition and meaning
An Affidavit of Non-Development and Non-Production is a legal document affirming that no oil or gas development or production has occurred on a specified tract of land. This affidavit is typically used by mineral owners or those with an interest in the property to formally declare the lack of production or development activities, providing necessary documentation for legal and financial purposes.
How to complete a form
To complete the Affidavit of Non-Development and Non-Production, follow these steps:
- Enter the state and county where the property is located.
- Provide your name and address as the affiant.
- Include the legal description of the tract of land in question.
- State whether there were previously producing oil and gas wells and the date of last production.
- If applicable, indicate your mineral ownership and the duration without any rental or royalty payments.
- Sign the affidavit in front of a notary public.
Who should use this form
This affidavit is primarily utilized by mineral owners, landowners, and lessees who need to provide evidence that no oil and gas production has taken place on their property. It may also serve legal and financial purposes for individuals seeking to terminate oil and gas leases that have not been honored.
Key components of the form
The key components of the Affidavit of Non-Development and Non-Production include:
- Affiant Information: The name and address of the individual completing the affidavit.
- Property Description: A legal description of the property in question.
- Production History: Details about any past production of oil and gas on the property.
- Mineral Ownership: Confirmation of mineral ownership and duration without payments.
- Notary Acknowledgment: Signature of a notary public who witnesses the affidavit.
Common mistakes to avoid when using this form
When completing the Affidavit of Non-Development and Non-Production, it's important to avoid the following mistakes:
- Providing incorrect property descriptions or legal details.
- Failing to indicate the date of the last production accurately.
- Not having the affidavit notarized, which is necessary for its validity.
- Leaving sections of the form incomplete or ambiguous, which may lead to legal complications.
What to expect during notarization or witnessing
During the notarization process, you will need to present a valid form of identification to the notary public. The notary will verify your identity and witness your signing of the affidavit. Afterward, the notary will affix their seal and signature to the document, confirming that it was signed in their presence. This adds a layer of authenticity and legal standing to your affidavit.
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