Houston Texas Lessor's Notice of Election to Take Royalty in Kind

State:
Multi-State
City:
Houston
Control #:
US-OG-105
Format:
Word; 
Rich Text
Instant download

Description

Many forms of oil and gas leases allow the lessor to take the royalty share of oil (and sometimes gas) in kind. This form is a notice by a lessor, to be delivered to a lessee, of the lessor's intent to exercise that right under the terms of a lease, and take the lessor's share of royalty production in kind.

Houston, Texas Lessor's Notice of Election to Take Royalty in Kind is a legal document that outlines the lessor's decision to receive their share of royalties from oil and gas production in the form of physical products rather than cash payments. This notice is crucial in the state of Texas, where the energy industry plays a significant role in the economy. The Lessor's Notice of Election to Take Royalty in Kind serves multiple purposes. Firstly, it ensures that the lessor exercises their statutory right to receive in-kind royalty payments. By doing so, the lessor becomes entitled to a proportionate share of the oil and gas produced on their property. Additionally, this notice establishes the lessor's preference for taking the royalty in the form of physical products instead of monetary compensation. By exercising this option, the lessor gains the advantage of potentially higher returns in a favorable market and retains full control over the marketing and sales process of the extracted resources. The Houston, Texas Lessor's Notice of Election to Take Royalty in Kind may vary depending on specific lease agreements and other factors. Some variations may include the inclusion of specific details regarding the type of products the lessor elects to receive (e.g., oil, natural gas liquids, natural gas), the quality or grade requirements, and the location for delivery or pickup. It is important for lessors to understand the implications of selecting the in-kind royalty option. By choosing to take royalty in kind, lessors bear the responsibility of arranging transportation, storage, and marketing of the extracted resources or contracting with suitable parties to handle these tasks on their behalf. They should also be aware of potential market fluctuations that may impact the value of the in-kind royalty. In conclusion, the Houston, Texas Lessor's Notice of Election to Take Royalty in Kind empowers lessors with the ability to choose how they receive their share of royalties from oil and gas production on their property. This legal document allows lessors to exercise their rights and potentially maximize their returns from the energy industry.

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FAQ

Leasehold interest in oil and gas most often refers to the company leasing the mineral rights and required surface access that assumes the risk of exploration and the expenses of production.

8/8ths / 8/8ths Basis: a term used to describe either the full Working Interest or full Net Revenue Interest with respect to a given Tract. Pursuant to an Oil and Gas Lease, the Lessor retains the Lessor Royalty.

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.

They generally range from 12?25 percent. Before negotiating royalty payments on private land, careful due diligence should be conducted to confirm ownership. Mineral ownership records are often outdated.

A lease bonus is a one-time payment the mineral rights owner receives when the lease is signed. Royalty is a portion of the proceeds from the sale of production which is paid monthly to the mineral rights owner. The royalty is usually described in the lease as a fraction such as 1/8th, or 1/6th.

You may have noticed on your check stubs an ?owner interest? or ?net revenue interest? or a ?decimal interest?. The operator will then multiply your interest by the quantity of oil and gas produced and the current price to determine your oil and gas royalty payments.

A spacing unit is a legally described boundary designated by a governmental agency (the Oklahoma Corporation Commission (OCC) in the case of Oklahoma)) as a ?common source of supply? of oil and gas for purposes of dividing fairly, among the various owners, production from a particular well or wells.

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.

For example, in the case of real estate or a car, the lessor is the property owner or automobile dealer respectively; in the case of a trademark or brand name, the lessor is the company that owns it and has conferred the right to use the trademark or brand name to a franchisee.

Royalty is the sum payable by the lessee to the lessor for the use of rights vested in the lessor. It is a periodic payment. It is generally paid on the basis of output or sale.

More info

Giving Lessee notice of such election not less than sixty (60) days in advance. The right to take his royalty share of any production either in kind or value, at Lessor's election.Have stated that the primary purpose of an oil and gas lease is to obtain production from which the lessor will be paid a royalty.". Facts: P owned surface and certain royalty interests in the oil and gas. Royalty in kind. An arrangement in which the lessor receives royalties in the form of production (oil or gas) instead of dollars. App., 172 S.W.2d 731, and in the Alexander case (Alexander v. IN THE UNITED STATES BANKRUPTCY COURT. This Agreement and carry out the transactions contemplated under this Agreement. Have made it in the first place.

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Houston Texas Lessor's Notice of Election to Take Royalty in Kind