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Understanding Mineral Rights

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Tuesday, 06 April 2010 02:04

Understanding Mineral Rights
By Billy Long

A mineral right is a right to extract a mineral from the earth or to receive payment, in the form of a royalty, for the extraction of minerals. "Mineral" has a different meaning depending on the context of how the word is used. However, in general, when referring to real estate transactions, a "mineral" generally refers to fossil fuels (oil, natural gas, coal), metals (gold, copper, silver, iron), mineable rock products (limestone, gypsum, salt), as well as sand, gravel, or peat.

A common concern when purchasing a parcel of land is who owns the mineral rights? A mineral right is a part of property rights and may be sold, transferred, or leased in a similar manner as other more familiar property rights such as those associated with dwellings, outbuildings, etc. Mineral Rights are much different than Surface Rights. Surface Rights are the right to use the surface of the land for residential, agricultural, recreational, commercial or other purposes. Mineral Rights may be sold with the land or retained by the seller when a new owner takes possession of the land. Mineral Rights may be owned in their entirety or in fractions. In addition, an owner of mineral rights might own only one or a few of the total minerals on the land or may only own the rights to certain minerals by a specified depth below the ground. When buying land, the ownership of the mineral rights can be determined by examining the deed abstract for the property.

A mineral owner has the right to extract his or her own mineral deposit, though is seldom done due to the high costs associated with exploration and production activities. Typically, a mineral owner leases his mineral rights to a mineral development company through executing a lease which grants the mineral development company the right to develop and produce minerals in the leased parcel of the land containing the minerals. The mineral owner is usually paid a set amount of money, called a bonus, when the lease is signed. The lease outlines provisions by which the mineral owner is paid their royalty, which minerals can be extracted, how much of the mineral can be extracted and how long extraction can take place. In addition, a lease will specify agreements with the land owner on the right to use the land to extract the minerals from the property as well as what the compensation will be if any damage to crops or trees occurs in the process extracting minerals.

Every state has laws which provide for the establishment of drilling for minerals. Tracts of land must be of a specified size, shape and in a specified location for a well or mine to be developed to extract minerals. When a land owner refuses a mineral right owner the opportunity to extract his minerals, the mineral right owner usually petitions the Department of Environmental Quality to compel the non-consenting land owner to participate in the exploration and development of the land's minerals. Special laws provide for fair compensation to the non-consenting land owner for their share of the minerals produced from their land.

Because mineral extraction can generate a great amount of money to a mineral rights owner, a land owner's best interests are served by a thorough understanding of the history and all existing contracts associated with a parcel of land. These agreements are often constructed in legal language that requires a Real Estate and/or Contracts Attorney to interpret and explain all terms to the potential land owner. While legal consultation is never inexpensive, it is the surest way to protect your interests when buying or selling land. When determining whether to enter into a mineral rights agreement or when considering purchasing land, legal consultation is the only way to prevent signing over more rights to your property than you desire and understanding exactly what the sale of a piece of land includes.

Billy Long is a ranch real estate broker and co-founder of Ranch Marketing Associates which specializes in ranches for sale in the Western States. Billy is a third generation rancher and long time western Colorado resident. Visit the RMA website to view ranches for sale in many states including California, Colorado, Montana and Wyoming.

Article Source: http://EzineArticles.com/?expert=Billy_Long
http://EzineArticles.com/?Understanding-Mineral-Rights&id=2028071

Last Updated on Friday, 16 July 2010 04:49
 

Critical in Leasing Mineral Rights

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Tuesday, 06 April 2010 02:01

Critical in Leasing Mineral Rights
By Anna Poelo

If you're thinking of leasing your mineral rights over to the oil and gas companies, you have to be prepared for the amount of pressure and paperwork it's going to give you. Mineral rights leasing isn't something to be taken lightly. A lot of financial and legal grounds have to be covered to accomplish this transaction, and it takes a lot of effort and time.

You will first have to do some research on whether or not you really are the owner of the mineral rights of your property. It may turn out that you're only the surface property owner, and you wouldn't have any right to the minerals buried underground.

There's also a problem when you're the mineral rights owner yet you're not the surface owner. There'll be worries over you and the surface owner can reach an agreement as to how the property will be dealt with when the oil and gas companies come charging in to extract the minerals. The surface owner has basic rights and is also protected by state laws. He or she should be consulted with and included in the mineral rights lease agreement. Mineral rights leasing should hold some protection for the surface owner.

The most important aspect of mineral rights leasing is most probably the legal foundations of the transaction. Everything has to be done legally and with regards to state laws. Background checks and history research of the property concerned has to be dug up and analyzed, terms with the surface owner and the oil and gas company has to be determined, and other legal consultations form a big part of mineral rights leasing.

To avoid any confusion whatsoever with the legalities, it is recommended strongly that you get a lawyer for consultation and advice. There are other legal worries to ponder other than the ownership of the mineral rights, such as commissions, royalties, terms of the lease, etc. Your lawyer can help sort this out with you and guide you along the way. Do not enter an agreement to a mineral rights lease without first speaking with your lawyer. He or she can help you with your options and what decision is the best one to make.

What will be very crucial to the mineral rights lease agreement would be the contract. All involved parties will have to assess and explore their options and reach an understanding to make the contract. In the future, it will be the contract that will serve as reference in case any disputes or arguments arise in the process of leasing and excavation. The contract should be fair to all parties, by which all parties should be satisfied with.

We can say that it is research, legal advice, and negotiation skills that will help you in forming a mineral rights lease agreement. It will take a lot of thinking over, and it could take a long time to finish. It can be troublesome, yet digging deep and extracting a satisfying contract may be worth all the effort. If there are any disagreements in the future, you will have your contract to help you. Just make sure that you have clearly stated your terms, and that everyone involved is all right with it.

For assistance with mineral rights leasing, visit Mineral Rights. Feel free to contact her at This e-mail address is being protected from spambots. You need JavaScript enabled to view it for any inquiries or concerns on the article.

Article Source: http://EzineArticles.com/?expert=Anna_Poelo
http://EzineArticles.com/?Critical-in-Leasing-Mineral-Rights&id=2062914

Last Updated on Friday, 16 July 2010 04:50
 

Landman Job

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Tuesday, 06 April 2010 01:59

Landman Job
By John Peyton

Although the economy is experiencing problems on every front, the price of oil and gas has started to rise again. With the growth in foreign economies, this trend should continue leaving an opening for Oil and Gas Landman jobs.

A Landman is the person who leases the land where the oil and gas companies drill their wells. Their job is to research who owns the minerals on a certain tract and then contact this individual about signing an oil and gas lease. All the terms for the lease will be given to you by the company you work for, but this job offers alot of freedom and you work out of the office most of the time. You will basically be determining who owns the minerals of the land and will be contacting these people about signing and Oil and Gas Lease.

There is a difference between the mineral owner and land owner and one that is very important to the Landman. The land owner owns the surface of the land while the mineral owner owns the mineral on or underneath the land. The Landman will take a lease from the mineral owner although they might have to work with the land owner for a drill site for a well.

Doing the title work to determine who owns the minerals is a big part of the Landmans job and the part that is the most confusing. A trip to the courthouse or abstract office in the county or parish where you are working will be required for this records research. You will need to find the current owner of the tract and then trace the ownership backwards to make sure there are no mineral reservations on the property. A mineral reservation will be stated in the Deed and in many cases will be in language like this:

Seller herein reserves all minerals.

If you would like to learn more about the job of a Landman, please visit:

http://www.LandmanToday.com

Sincerely

John Peyton
http://www.LandmanToday.com

Article Source: http://EzineArticles.com/?expert=John_Peyton
http://EzineArticles.com/?Landman-Job&id=2451020

Last Updated on Friday, 16 July 2010 04:50
 

Selling Oil & Gas Royalties

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Tuesday, 06 April 2010 01:54

Selling Oil and Gas Royalties
By Elle Wood

Selling oil and gas royalties can be a very lucrative venture. You must take it upon yourself to become educated on the nuances involved in this process. The people you will be conducting business with will more than likely be a professional company that has vast experience with these types of acquisitions. Arming yourself with the knowledge to confidently negotiate will give you the advantage.

First, know whom you are dealing with. Today there are thousands of public and private interests vying to buy up the royalties to these resources. Many of them are independent brokers who conduct acquisitions of mineral leases. Understand that if you are dealing with brokers they have no authority to negotiate with you. They must obtain approval from their client before accepting any offers.

This leaves you with the edge. Do not accept the primary offer this is the baiting bid and is usually on the low end of what the client is willing to offer. Negotiate the terms that you want, do not accept anything less. The deck lies stacked in your favor, but there are some things to consider such as how much of the mineral is in your possession, the location of production, and competition for leases. Negotiations should be handled with care.

Discuss the bonus amount of the lease, the percentage of royalties shared and the initial terms of the lease. Any bonuses and royalties will be vastly different from location to location and are initially based on the three factors previously stated. On average, lease terms hover around the three-year mark. Be careful not to agree to an extension that will give the brokerage leverage in renegotiations at the end of the lease.

Royalties will vary considerably based on certain criteria. As a general rule of thumb 12% is considered the low end while 25% is the top of the spectrum for royalties. A checklist of favorable terms will give your the added security of knowing that you are not being taken advantage of. A Vertical Pugh Clause releases all depths under the deepest production zone. The Horizontal Pugh Clause in contrast, releases all land not included in the unit being negotiated.

It is advisable to forgo the "Mother Hubbard Clause" altogether while limiting the lease to oil and gas only. It is also preferable for you to have the warranty of title deleted. These items are standard requests that are usually accommodated without incident. Once acquired, the brokerage will begin the process of negotiating. There will be counter offers based upon your outlined lease terms. Be diligent during the negotiating process and you will succeed.

The information provided in this article will aid you in the process of selling oil and gas royalties. The topics covered were typical buyers, what to expect in the negotiating process, and favorable lease terms to include in your negotiations. After reading this article you will be ready to sell your oil and gas royalties with ease.

Elle Wood alerts you to companies and organizations that have your best interest at heart. For additional information that includes the processes to sell oil and gas royalties please visit http://www.uniroyalties.com

Article Source: http://EzineArticles.com/?expert=Elle_Wood
http://EzineArticles.com/?Selling-Oil-and-Gas-Royalties&id=2535308

Last Updated on Friday, 16 July 2010 04:50
 

Passive Income From Oil & Gas Investments

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Tuesday, 06 April 2010 01:52

Passive Income From Oil And Gas Investments
By Aaron Loh

Compared to traditional investments, the right direct investment in oil and gas may provide solid returns with monthly cash flow, particularly in today's high oil and gas markets. In addition, direct investments in oil and gas can provide tax advantages which are not available with stocks and bonds. Furthermore, being diversified with direct investments in oil and gas can provide a hedge against the impact of high or rising energy prices on other asset classes.

Some potential advantages of direct investments in oil and gas may include:

  • Potential payback between 2-4 years;
  • Tax deductions not available to other investment classes;
  • Years of regular cash flow;
  • An investment which is less impacted by the 'up and downs' of the stock market and interest rates;
  • Diversification of your investments.

However with direct investments in oil and gas, there is the possibility of the loss of a portion, or all, of the investment principal if the well or wells are unsuccessful. Furthermore certain direct investments are relatively illiquid and very difficult to sell to others.

Certain direct investments in oil and gas provide a monthly payment for the oil and natural gas sold during the month.

Investments in oil and gas are less dependent on the economy or interest rates compared to traditional investments like stocks and bonds. As a result, these investments may provide a hedge against a downturn in the economy, particularly if the downturn is the result of a shortage of oil and gas.

Traditionally, investing in Oil and Gas fields has always been the territory of the qualified investors. However, a company called OilPods is determined to change this. It opens up the opportunity to retail investors to participate in the acquisition of Oil Leases of Productive Oil fields for the purpose of acquiring an income asset that through its daily production of crude oil will generate a monthly positive cashflow income for the investors. Just how secure is such method?

The company carves out 7.5% of its first lease's "Working Interest". For example, this lease is called the Zullig Project. The 7.5% of the Zullig Project is in turn divided into 240 units for individual investors to invest in, through OilPods.

OilPods offer investors a cashflow or income instrument where the monthly returns may be cashed out or re-invested to increase the constantly "income" producing units. This directly increases the cashflow return to the investors monthly.

The duration of the return depends on the mineral reserves in the land. The first monthly income payable to investors commence immediately upon the completion of title transfer, which currently takes 6 months from the date of contract. The conservatively projected return is between 7 to 15%.

OilPods collaborates with US based, Powder River Basin and Gas Corporation (www.powderrivergascorp.com/), a publicly traded Colorado corporation trading under the symbol PRVB. PRVB acquires and explores Oil and Gas properties. Lets examine the income statement of PRVB.

For FY2006 - 2004,

Net Income : $5,725,000 $699,000 $1,008,000

Cash And Cash Equivalents : $2,733,000 $383,000 $169,000

Income Before Tax : $8,757,000 $1,511,000 $1,008,000

The Company's net revenues from oil and gas sales for the first six months of 2007 increased to $1,566,833 from $795,797 for the first six months of 2006. This represents an increase of $571,036 or approximately 71.8% over the previous year. The Company also had net revenues from working interest sales of $9,540,843, an increase of $325,843 or approximately 3.5% over the same period of 2006. Powder River Basin Gas Corp. had a net profit of $6,813,727 before income taxes for the first six months of 2007. This represents a Basic Income Per Common Share of $0.04.

PRVB delivered a set of good financial results. Despite such, its share price has been plunging from highest $0.46 to the current $0.23 (on Nov 1, 2007). For the past few years, PRVB didn't declare any dividend payout to shareholders, cited reason such as capital for business expansion. Could it be this reason that investors start to abandon PRVB shares causes it to depreciate?

Nontheless, with the recent high oil price, early birds of OilPods investors are definitely on cloud nine! For keen investors, please visit www.oilpods.com/ for more information.

Aaron Loh
Founder and Director of Wealth Learning International
http://www.aaronloh.com

Aaron Loh is an avid learner and is always in the pursuit for success in what he's passionately involved in - helping others to constantly learn and upgrade themselves. He faced many setbacks and challenges in this journey. With his strong commitment and determination, plus God's blessing, he successfully changed the lives of thousands and thousands of people.

Article Source: http://EzineArticles.com/?expert=Aaron_Loh
http://EzineArticles.com/?Passive-Income-From-Oil-And-Gas-Investments&id=818961

Last Updated on Friday, 16 July 2010 04:51
 
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