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

State:
Multi-State
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Alameda
Control #:
US-OG-621
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Word; 
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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.

Alameda California Commingling and Entirety Agreement By Royalty Owners where Royalty Ownership Varies in Lands Subject to Lease is a legal document that aims to address the complexities and potential disputes surrounding oil and gas royalty ownership in Alameda County, California. This agreement outlines the terms and conditions for co-owning and commingling royalty interests when multiple owners have varying ownership stakes in lands subject to lease. In Alameda County, there are several types of Commingling and Entirety Agreements that Royalty Owners can consider: 1. Standard Commingling Agreement: This agreement allows for the pooling of royalty interests from multiple owners within specific lands subject to lease. It establishes the framework for allocating and distributing commingled royalty proceeds based on each owner's respective ownership percentage. 2. Percentage-based Commingling Agreement: In cases where royalty ownership varies significantly among the participating owners, a percentage-based agreement can be considered. This agreement outlines a predetermined formula to calculate each owner's share of commingled royalty proceeds based on their specific percentage of ownership in the land. 3. Unit Tract Commingling Agreement: For larger tracts of land subject to lease, a unit tract agreement may be utilized. This type of agreement involves treating the entire tract as a single unit for commingling purposes, irrespective of individual ownership stakes. The commingled royalty proceeds are then distributed among owners according to a predetermined formula, which may consider factors like the acreage held by each owner or specific lease terms. 4. Voluntary Entirety Agreement: This agreement option allows participating royalty owners to voluntarily combine their interests to create a unified ownership structure for commingling purposes. By entering into an entirety agreement, owners effectively consolidate their royalties into a single entity, which simplifies the distribution and accounting procedures. It's essential for Alameda California royalty owners to consult with legal professionals well-versed in oil and gas laws and local regulations when considering a Commingling and Entirety Agreement. These agreements can help streamline the management of royalty interests and minimize potential conflicts arising from varying ownership stakes in lands subject to lease.

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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