Indiana Commingling and Entirety Agreement by Royalty Owners Where the Royalty Ownership Is Not Common

State:
Multi-State
Control #:
US-OG-041
Format:
Word; 
Rich Text
Instant download

Description

It is not uncommon to encounter a situation where a mineral owner owns all the mineral estate in a tract of land, but the royalty interest in that tract has been divided and conveyed to a number of parties; i.e., the royalty ownership is not common in the entire tract. If a lease is granted by the mineral owner on the entire tract, and the lessee intends to develop the entire tract as a producing unit, the royalty owners may desire to enter into an agreement providing for all royalty owners in the tract to participate in production royalty, regardless of where the well is actually located on the tract. This form of agreement accomplishes this objective.

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FAQ

A royalty interest is a property interest that entitles the owner to receive a share of the production revenue. An individual or company that owns a royalty interest does not have to pay for any of the operational costs required to produce the resource, but they still own a portion of the revenue produced.

In such a circumstance, the Payor may elect to file what is known as an Interpleader action to determine the proper owner (or might be encouraged to do so). In an Interpleader, the stakeholder sues the parties who are asserting conflicting claims to the royalties due and deposits the royalties into the court.

A royalty is an amount paid by a third party to an owner of a product or patent for the use of that product or patent. The terms of royalty payments are laid out in a licensing agreement.

Parties in Royalties Accounting The person who creates or owns the asset and provides the right of using such an asset to the third party is known as the lessor or the landlord. Furthermore, lessor receives consideration from the third party for using the rights to use his asset.

A quick overview of the differences between mineral rights and royalty interests shows a mineral interest is a real property interest obtained by severing the minerals from the surface and a royalty interest grants an owner a portion of the production revenue generated.

Royalties are generated by many types of assets, including musical compositions, oil wells, gold mines, books, movies and TV shows. As passive income, royalties are taxed at lower rates than wages and salaries. Investors can invest in royalty income through auction sites and royalty income trusts.

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Indiana Commingling and Entirety Agreement by Royalty Owners Where the Royalty Ownership Is Not Common