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In California, mineral rights can be owned independently from the property. If an individual owns the mineral rights to a piece of land, he has a legal right to the minerals beneath the surface. The right's owner can access the minerals using any reasonable perimeters.
Royalty interest in the oil and gas industry refers to ownership of a portion of a resource or the revenue it produces. A company or person that owns a royalty interest does not bear any operational costs needed to produce the resource, yet they still own a portion of the resource or revenue it produces.
1. n. Oil and Gas Business A percentage share of production, or the value derived from production, which is free of all costs of drilling and producing, and is created by the lessee or working interest owner and paid by the lessee or working interest owner.
If you did happen to find a large gold deposit on your property and do not own the mineral rights, don't fear. You do still own the property at least from the ground up. The mineral rights owner cannot simply come and remove you and dig up your property.
Royalty Interest an ownership in production that bears no cost in production. Royalty interest owners receive their share of production revenue before the working interest owners. Working Interest an ownership in a well that bears 100% of the cost of production.
In general terms, the executive right holder is the party who has the right to take or authorize actions which affect the exploration and development of the mineral estate, including the right to execute oil and gas leases. Non-executive mineral interest owners do not have the power to lease the minerals.
An overriding royalty interest (ORRI) is similar to a royalty interest in that it is also a portion of the proceeds from the sale of production. However, it is not retained under the terms of the oil and gas lease. An ORRI is granted, assigned and created under the terms of a separate document.
1. n. Oil and Gas Business Ownership in a percentage of production or production revenues, free of the cost of production, created by the lessee, company and/or working interest owner and paid by the lessee, company and/or working interest owner out of revenue from the well.
In California, the law allows the owner of real property to recover lost mineral rights provided that the mineral right is dormant for at least 20 years.
A mineral deed with special warranty in Texas conveys all or part of the oil, gas, and other minerals of a grantor in real property to a grantee, subject to certain warranties covering the grantor's period of ownership.