Oil Lease

An owner can separate the mineral rights from his or her land by: Conveying (selling or otherwise transferring) the land but retaining the mineral rights. (This is accomplished by including a statement in the deed conveying the land that reserves all rights to the minerals to the seller.)

A landowner can also insert a clause in the lease to take royalty either in kind or in value. Taking royalty in kind means that the Lessor can take physical possession of the oil, gas or liquids once they leave the ground, and he may market the production himself.

As a mineral rights value rule of thumb, the 3X cash flow method is often used. To calculate mineral rights value, multiply the 12-month trailing cash flow by 3. For a property with royalty rights, a 5X multiple provides a more accurate valuation (stout.com).

An overriding royalty interest is the right to receive revenue from the production of oil and gas from a well.An overriding royalty interest expires once the lease has expired and production has stopped, whereas minerals and royalties owners maintain their ownership after production stops.

Fractions as shorthand They say 8/8ths when they mean all, for instance. And for many decades, until at least the 1970s, the usual or customary royalty for the land/mineral owner meant one of those eighths.

To calculate your oil and gas royalties, you would first divide 50 by 1,000, and then multiply this number by . 20, then by $5,004,000 for a gross royalty of $50,040. Once you calculate your gross royalty amount, compare it to the number you see on your royalty check stubs.

Conveyance Documents An operator may ask you to sign a Cross-Conveyance and Stipulation of Interest document to clarify ownership when there are any ambiguities with previous conveyances when concurrent ownership (multiple people) is involved. If you have this document, keep it along with any deeds.

Surface rights mean that you own the top of the land. Essentially, you'll own the grass, trees and any structures that are part of the land itself. All of the rights to these essential parts of the land will be owned once the title of the land has been transferred to your name.

Call the county where the minerals are located and ask how to transfer mineral ownership after death. They will probably advise you to submit a copy of the death certificate, probate documents (if any), and a copy of the will (or affidavit of heirship if there is no will).