Michigan Offset Well Protection and Payment of Compensatory Royalty

State:
Multi-State
Control #:
US-OG-810
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

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FAQ

The definition of assignment in real estate is the sale, transfer, or conveyance of a whole property ownership/rights or part of it to another party. The term in the oil and gas industry is used for sale, transfer, or conveyance of working interest, lease, royalty, overriding royalty interest, or net profit interest.

Michigan has a Dormant Mineral Act, mineral rights revert back to the surface unless one of the following conditions is met: The severed interest is sold, leased, mortgaged, or transferred by recorded instrument. A drilling permit is issued. Oil or gas is actually produced or withdrawn from the severed property.

Can Severed Mineral Rights be Retained Indefinitely? Under Michigan law (Act 42 of 1963, Termination of Oil or Gas Interests in Land), severed oil or gas rights revert to the surface owner after twenty years unless one of the following actions have occurred within the 20-year period: ? A drilling permit is issued.

The Dormant Minerals Act is a Michigan law that causes severed oil and gas rights to be abandoned (lost) if the owner allows more than 20 years to pass without doing one of the following: Recording at the register of deed's office a sale, lease, mortgage or transfer of the severed interest.

The Dormant Mineral Act provides that any interest in oil or gas in any land owned by any person other than the surface owner that has not been sold, leased, mortgaged, or transferred by an instrument recorded in the office of the register of deeds for 20 years is deemed abandoned if (1) a drilling permit is not ...

Mineral rights ownership information can be found with the register of deeds in the county where the land is located.

Royalty Payment Clauses A royalty is agreed upon as a percentage of the lease, minus what was reasonably used in the lessee's production costs. This is stipulated in a Royalty Clause. The royalty is paid by the lessee to the owner of the mineral rights, the lessor in the lease.

A mineral right is a property right and may be sold, transferred, or leased similar to other property rights. Mineral rights are distinct from ?surface rights,? or the right to the use of the surface of the land for residential, agricultural, recreational, commercial, or other purposes.

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Michigan Offset Well Protection and Payment of Compensatory Royalty