Alameda California Commingling and Entirety Agreement By Royalty Owners where Royalty Ownership Varies in Lands Subject to Lease

State:
Multi-State
County:
Alameda
Control #:
US-OG-621
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 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

Legal Definition of overriding royalty : an interest in and royalty on the oil, gas, or minerals extracted from another's land that is carved out of the producer's working interest and is not tied to production costs compare royalty.

A royalty based on a fraction of the total royalty interest (floating royalty) fluctuates based upon the royalty reserved in future leases. Basically, a floating interest creates for the holder a fraction of whatever royalty interest is reserved by the lessor of an existing or future mineral lease.

Lease bonus means the initial cash payment made to a lessor by a lessee in consideration for the execution and conveyance of the lease and includes proceeds from assignments of leasehold interests where the Partnership retains an interest.

If a lease is a "paid-up" lease, then the lease will remain in effect during the entire primary term with no further payments to the Lessor unless and until actual production of oil or gas is established. Page 3. 3. Shut-in royalty. After the primary term, a lease will expire unless oil or gas is being produced.

A royalty interest is a non-possessory real property interest in oil and gas production free of production and operating expenses, which may be created by grant or by reservation or exception.

A mineral interest owner also possesses the right to receive lease bonuses, delay rental payments, shut-in payments and royalties. A royalty interest, on the other hand, is the property interest created that entitles the owner to receive a share of the production.

Royalty owner means the person who pursuant to a lease arrangement with another has the right to receive, free of costs, an allocation of production or payments based upon the value of production.

Royalty Interest ownership of a portion of the resource or revenue produced from the leased property. Typically, the owner of the leased property retains a royalty interest.

A Royalty Interest Owner or RI owns a portion of the minerals in the drilling unit. This is different from a land owner or stock holder. Royalty owners receive an appropriate portion of the revenue from a producing well based on amount of minerals they own. They do not share in the cost or liabilities of the well.

Participating Royalty Interest (NPRI) is an interest in oil and gas production which is created from the mineral estate. Like the plain royalty interest it is expensefree, bearing no operational costs of production.

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Alameda California Commingling and Entirety Agreement By Royalty Owners where Royalty Ownership Varies in Lands Subject to Lease