large bowl shaped depression in the subsurface under the land that has the potential to contain Oil & Gas.
A clear title is a chain of title without any kind of lien or levy from creditors or other third parties and poses no question as to legal ownership. In other words, you are the rightful owner and there are not any legal judgments tied to the minerals.
The price a mineral owner receives is commonly referred to as the wellhead price, which is net of transportation and other purchaser fees. Wellhead prices are generally calculated using an oil and gas posted pricing index as determined by third party purchasers less the expense to get it from the well to its sales market
Depth Rights refer to the rights a mineral owner owns below the surface. If a mineral owner does not own all rights at all depths, or does not intend to sell all rights, seller needs to disclose what rights and depths are for sale. For example, a mineral owner may have sold all mineral rights from 10,000 feet to the surface. In this case the mineral owner still owns the mineral rights at depths greater than 10,000 feet.
A contract with a crude oil or natural gas purchaser directing the payments of oil and gas revenues to the working, royalty and mineral interest owners of a well.
Maps may include aerial photos of the acreage, interpreted seismic maps, oil and gas field or basin maps, well logs and other various visuals that aide the representation of an area of land.
Gross Mineral Acres:
Gross mineral acres represent the total acreage in a given tract of land. If you own all of the minerals under a 100-acre tract of land your Gross Mineral Acres will be equal to your Net Mineral Acres.
Held By Production (HBP):
A mineral lease provision that extends the right to operate a lease as long as the property is producing in paying quantities of oil & gas.
An individual or company that acts as an agent for others, as in negotiating contracts, purchases, or sales in return for a fee or commission.
Landman is a person who negotiates with mineral owners regarding the leasing of their mineral rights on behalf of an oil company or as an independent contractor.
A person who owns the surface of a tract of land but may not own the minerals under the land. Also referred to as a “Surface Owner”
The agreement outlining the basic terms and conditions for developing lands or minerals such as the royalty to be paid, the length of the term, and the description of the leased lands.
Cash consideration paid to a landowner or mineral owner following the execution of an Oil, Gas and Mineral Lease in addition to any rental or royalty obligations specified in the lease.
Primary Lease Term:
The initial period in an Oil and Gas Lease to develop the property for the production of oil and gas. Often the initial period includes an optional extension period for additional bonus consideration.
Legal description is the geographical description of a property for the purpose of identifying the property for legal transactions. For example, In Texas you will need to anticipate needing some or all of the following: County, Abstract Number, Survey Name, Block Section/Survey No., or Alternate Name. In Oklahoma, and most other states you will need to anticipate needing the following: County, Section, Township and Range. Latitude and Longitude or tax parcel id’s are also helpful.
The full mineral interest as expressed in units of one acre of land
A signed, written legal document that shows the ownership of oil and gas mineral rights
The ownership of all rights to gas, oil, and other minerals at or below the surface of a tract of land.
A person who owns the minerals under a tract of land but may not own the surface above it.
A mineral is an element or chemical compound that has been formed as a result of geological processes. Minerals as we refer to them on our website are crude oil and natural gas products.
Monthly Cash FLow:
Monthly cash flow is the sum of all net revenue received on a monthly basis from the net minerals owned for the property to be listed, sold or leased. For all royalty listings, seller needs to initially show evidence of the most recent 6 months of net cashflow.
Net Mineral Acres:
Net mineral acres represent the net acreage owned by mineral owner, of the total gross acres in a given tract of land. For example, if you own one half of the minerals under a 100-acre tract of land, you are said to own 50 net mineral acres out of 100 gross mineral acres.
An offset operator is any known operator of an oil or gas well in the immediate area surrounding the property (which is to be listed, sold or leased).
The person or company designated in the Operating Agreement to conduct and manage the operations of an oil or gas well.
Plat map is a document drawn to scale, showing the divisions of tracts of land.
A producing oil and gas well is a well that is actively being produced as a flowing or pumped well to extract oil and gas from below the surface, which is then sold to an oil and gas purchaser.
Production Decline Rates:
The production decline rate is a measure of how rapidly the production is declining from a well, field or group of fields. It is not to be confused with depletion rate, which is how rapidly the remaining recoverable reserves in a field or region are being produced.
Each well is classified as either an oil or gas well. In most cases, the division order stub will indicate the type of interest. Additionally a royalty check will indicate the type of production sold.
The purchaser is the company authorized by the operator, under a purchase contract, to transport and market the oil or gas from a producing well. In most cases the purchaser pays the mineral owners for the sale of any oil or gas from a well.
Purchase and Sale Agreement:
This a form of Purchase and Sale Agreement used in a basic sale of Oil & Gas producing properties, for working, royalty or mineral interest.
A Qualified Buyer represents personal income of not less than an annual income of $200,000.00 for any natural person in each of the two most recent years or joint income with the person’s spouse of less than $300,000.00 in each of those years and has a reasonable expectation of reaching the same income level in the current year. OR any natural person whose individual net worth or joint net worth with that person’s spouse, at the time of his purchase exceeds $1,000,000.00. OR Any Business entity, not formed for the specific purpose of acquiring the Property or Properties, with total assets in excess of $5,000,000.00, and that amount must be shown on its most recently prepared financial statements.
Recorder of Deeds:
The Recorder of Deeds is a designation of public officers who record documents that establish ownership of property, mortgages, and other instruments that relate to real property in official record books provided and maintained for such purpose.
Reserves are the estimate of the amount of crude oil and natural gas located in a particular economic region, basin or field and that must have the potential of being extracted under current technological constraints.
A Revenue Check is the check a royalty or mineral owner receives from the net production of an oil or gas well. The Revenue Check will have a Gross Dollar Amount, as well as a Net Dollar Amount, less Taxes (NET).
Royalties refer to the ownership of a portion of the resource or revenue that is produced from an oil or gas well.
Mineral or Royalty owner’s share of production, net of production and transportation expenses, when and if oil and/or gas is produced on the property. Most often expressed in 1/8 units (or some fraction) of the production but can also be expressed as percentage of production.
State Permits may be an application to drill, re-complete, re-enter or complete a well, filed by the operator. It could also include any other legal document filed with a state agency that lends itself to explain matters related to an oil and gas property for sale.
Surface rights are rights owned by a land owner in a parcel of real estate that are limited only to the surface of the property and do not include ownership of the minerals below the surface. Mineral rights can be severed from surface property ownership.
Surface Use Agreement:
A Surface Use Agreement is a legal document that defines notice, location and operational requirements regarding the potential impacts of oil and gas operations or mineral development on a surface owners property.
Pooling is the consolidation and combining of leased land with adjoining leased tracts. The unitized area is called a pool or a unit. Pooling has the benefit to the operator of unitizing multi-landowners’ leases into a common pool, as per state approved regulations, combining one common underground geological reservoir’s limited drainage capability.
Unleased Mineral Rights:
An unleased mineral interest is not subject to an Oil and Gas Mineral Lease
Wellbore Direction or Orientation:
Wells are either drilled vertically or horizontally.
Sometimes operators sell “wellbore only” interests wherein the assignment of minerals or interest is for the single well only, to include only that production and reserves, from the spacing unit of the single well that was assigned, and no other mineral or royalty interests beyond the single well spacing unit.
Unleased mineral rights
Unleased mineral rights are mineral rights without a legally binding contract known as an “Oil, Gas, and Mineral Lease.” To assure clarity, the property can have no active oil or gas production. The value of mineral rights can be estimated as present value of any future lease payments.
Oil companies (called operators or producers), target specific well sites to find oil and gas. Developing a particular area early is called a “wildcat”. Drilling is often exploratory and can represent significant downside risk to the operator. The present value of any future lease
payments in a wildcat often price low, because the operator is spending significant time and resources drilling in an unproven area. As operators have success, the present value of future lease payments increases, resulting in higher lease payments and higher mineral sales prices.
It is also important to analyze the surrounding area. How close is the nearest successful well? Are they coming closer or moving away? How successful (or unsuccessful) are the wells they are finding? Answering these questions will add a speculative value based on potential for future development. As with all investments, future potential is subjective, and each operator evaluates decisions differently. It is important to test your offers with many parties to ensure you get a fair market lease agreement with a reputable operator.
Leased mineral rights awaiting production
Leased mineral rights have a legally binding oil and gas mineral lease agreement recorded with the county Recorder of Deeds. In this case, the operator has yet to drill or produce oil and gas from beneath the surface. Similar to unleased mineral rights, investors will look at neighboring production, current market trends, and the potential for future production to evaluate mineral rights. Investors will also evaluate new factors such as the company leasing the minerals and their history of success. As long as there is activity in the area from the current operator or others in close proximity, the investor has removed some of the risks associated with purchasing unleased mineral rights.
While the lease can expire without any oil and gas revenues generated, at the time of purchase, the operator (or Lessee) expects oil and gas production. Like unleased rights, the value can be estimated as the present value of future lease payments. The potential value for leased minerals, though, could possibly be higher than unleased minerals considering activity in the area and other factors.
Actively producing properties are often valued using the present value of all future royalties from producing wells. This calculation will estimate future commodity prices, production decline rates, the potential for future drilling and remaining reserves, among other factors. Different oil and gas basins have different decline rates, activity levels, transportation rates, taxes, and pricing differentials, so there is not a one-shoe-fits-all approach to valuing royalty income. In most cases, though, you should expect a fair and reasonable offer for producing properties. Many of the risks, such as drilling a dry hole or other technical problems during the drilling and completion process have been removed.