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HELP!!--For you Oil, Gas and Mineral guys #1340771 03/31/10 07:09 PM
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atascosa_red Offline OP
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Still working on my oil/gas/mineral lease in Atascosa County. I need to know what the difference in Mineral acres and surface acres is......HELP!!



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Re: HELP!!--For you Oil, Gas and Mineral guys [Re: atascosa_red] #1341144 03/31/10 09:51 PM
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bgm Offline
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What do you mean by you are working on a oil and gas lease. You are taking a lease or some company is leasing your minerals. The difference in mineral acres and surface acres is simple. Mineral acres is how many acres you own that are minerals on a certain tract and surface acres is how much surface you own. In some cases these numbers will differ. Sometimes a family may own half of the section 320 acres of minerals but they only own 160 (1/4) of the surface. Hope this helps. If you are "working" on a lease and have questions I would highly suggest meeting with a oil and gas attorney and having them review the situation.


Re: HELP!!--For you Oil, Gas and Mineral guys [Re: bgm] #1341177 03/31/10 10:12 PM
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bgm is correct, most of the time the difference in the surface and mineral acreage is caused by the previous owners selling the surface while retaining a certain % of the minerals, and so on.


Re: HELP!!--For you Oil, Gas and Mineral guys [Re: Borderline] #1342005 04/01/10 12:58 PM
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atascosa_red Offline OP
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We have a place and have been approached for oil/gas/mineral lease. Our place is 366.24 acres. There is a 1 acre set aside for school, there is a high line easement and a gas line easement. The total surface area is 355.34 acres. Now, we own executive rights and I believe all of the mineral rights on 257.34 acres. The other 98 acres, someone else owns the executive rights and all but 1/16 of the royalties.
What I am trying to figure is this.....if I were to lease all of the acreage, do I get the bonus money or does the person who owns the executive rights on that 98 acres get the money for that tract? Being that they hold the executive rights on that tract, do I have the right to lease the property or not?
I believe that you are correct....I will have to get a lawyer involved-----I am just trying to get some clarification.



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Re: HELP!!--For you Oil, Gas and Mineral guys [Re: atascosa_red] #1342081 04/01/10 01:47 PM
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bgm Offline
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If someone where to come and lease your whole acreage then you should get paid for the whole amount minus the interest in the 98 acres. Having executive rights doesn't mean they get paid the whole bonus for that tract. If you have an interest in that property they will have to talk to you too. Im not an expert though so make sure you verify this. Every case is different.


Re: HELP!!--For you Oil, Gas and Mineral guys [Re: bgm] #1342138 04/01/10 02:21 PM
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atascosa_red Offline OP
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Thanks, I will call an attorney!!



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Re: HELP!!--For you Oil, Gas and Mineral guys [Re: atascosa_red] #1342355 04/01/10 04:10 PM
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yanta61 Offline
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you can lease the 257.34 acres but the guy who owns the 100% executive rights on the 98 acres gets to deside if he wants to lease or not.....

how much of the mineral do you have on the 98 ac.....if you only own the surface on the 98 then you will get nothing for the acreage......the only money you can get on the 98 is surface damage if they do drill on it.....

if you do own some mineral on the 98 acres then you will have to look at the deed to the property.....the guy with 100% executive rights gets to determine weather to lease or not but you will get the money for whatever minerals you own...most of the time....unless it says in the deed that executive holder gets all of the bonus......

the attorney should be able to tell you what you will get by looking at the deed

AY



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Re: HELP!!--For you Oil, Gas and Mineral guys [Re: yanta61] #1345853 04/03/10 05:00 PM
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You may also get some difference if the property has a road through it. Mineral acres will tend to go to the middle of the road or cover the entire area that the road was built on if you own both sides of the road. All this depends on when and where. Texas treats the two seperatly (assuming reservations) and just because you have surface does mean you have mineral. You may have all, part or none. Unless a piece of property goes back a long way in a family the minerals are typically in pieces and even when it does go back a long way it is usually broken up between siblings, cousins etc. Not sure on your executive situation. You should be paid for what ever is yours. There is alot to this and be careful what you sign. You are not exactly leasing at a great time right now. I am letting all mine that is undrilled expire and wait till it gets a little better. Also tell them to stick the option. It only helps them. If times are great you can potentialy release for more. If times are bad they wont release for the amount if it is substantial. You also want to be paid at well head. Free of costs. Favored nation clause is nice but hard to get. Vertical Separation. Pugh clause. ETC, ETC, ETC. Continuation of operation also. They are not very open minded about anything right now. Texas land and mineral rights owners assoc. used to have a good guide you could print out (they have a web sight). You do not have to lease your portion to the same as the rest if you have multiple people involved. BE CAREFUL. And get a lawyer that is knowledgable. They should not cost an arm and leg. Let me say again be careful. It matters what it says not what they say!


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