Bexar Texas Ratification of Royalty Commingling Agreement

State:
Multi-State
County:
Bexar
Control #:
US-OG-113
Format:
Word; 
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Description

A commingling agreement may have been entered into allowing the parties to the agreement to share in royalty based on agreed upon percentages, typically where royalty is not common in all the lands included in a producing or unit around the well. If a party did not sign the original agreement, they may ratify the agreement. This will have the same effect as the ratifying party having executed the original or a counterpart of the agreement.

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FAQ

A clause in an oil & gas lease that provides that if the leased land is later owned by separate parties, such as in a sale of part of the property, the lessee can continue to operate, develop, and treat the lease as a whole and pay royalties to each owner based on its percentage of ownership of the entire area.

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.

Non-Apportionment Rule The rulefollowed in the majority of statesthat 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.

Non-Apportionment Rule The rulefollowed in the majority of statesthat 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.

In Texas, courts have held that division orders are executed without consideration, but that they are an enforceable agreement until they are revoked. A division order can be revoked at any time by either party, after which it has no further effect.

In terms of the oil and gas industry, ratification of a lease is the term for requesting acceptance of an existing lease agreement, with or without changes, from landowners who have purchased parcels to which the original leaseholder gave permission to drill and produce. Leases can last for decades.

To ratify a lease means that the landowner and oil & gas producer, as current lessor and lessee of the land, agree (or re-agree) to the terms of the existing lease.

In oil and gas exploration and production, leasehold interest refers to the lease the company enters into with the mineral rights owner. Other names for leasehold interest are working interest and operating interest.

To ratify a lease means that the landowner and oil & gas producer, as current lessor and lessee of the land, agree (or re-agree) to the terms of the existing lease.

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Bexar Texas Ratification of Royalty Commingling Agreement