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| show | -incl. petroleum as it is found in cavities of rock, coal in ground unmined, sand or gravel while in its original bed, etc.
-severed mineral, royalty, & leasehold interests, for the duration of a freehold estate.
-10yr SoL
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| show | -Turns upon duration of interest
-Oil & gas rights=real property cuz of potentially perpetual duration but once produced oil & gas are personalty
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| show | -entitles a person to a share of the proceeds from production in the oil & gas field
-analogous to a nonparticipating royalty which, when "accured" is personal prop
-"unaccrued" royalty interests are real prop
-SoL=4yrs
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| Theories of Mineral Interest | show 🗑
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| Nonownership Theory | show 🗑
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| Incorporeal Interest | show 🗑
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| Ownership in Place Theory | show 🗑
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| show | -is an estate in land which includes the right of possession of the land, similar to title
-these rights cannot be abandoned
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| Coalbed Methane? | show 🗑
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| show | -U.S. S.Crt=congress did not intend the term "coal" to include coalbed, in determining intent of Congress in reserving "all coal" from lands patented under the Coal Lands Act of 1909 & 1910
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| show | -a landowner acquires title to O&G prodcued from wells properly drilled on his land, even when production drains O&G from under adjoining owner's land w/out consent of owner of those lands.
-Landowner doesn't incure liability to adjoining owner for damag
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| Correlative Rights | show 🗑
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| Owners Correlative Rights | show 🗑
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| Other limitations on Rule of Capture | show 🗑
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| show | -Estate in fee simple in & to the minerals
-May consist of: entire, fractional in mineral interest, or interest in indiv'l minerals in fee, fee simple defeasible, or estate for life/term of years
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| Mineral Estate Interest: Severed Mineral Fee | show 🗑
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| show | Mineral estate can be severed by:
A deed
1.conveying the minerals or interest in the minerals
2.conveying the land but reserving or excepting an interest in the minerals
3.a land K excepting the minerals, or
4.a jdgmt of the crt
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| Effect of Severence | show 🗑
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| show | 1.O&G operator providing req'd noitce
2.O&G operator attempting good faith negotiations
3.Securing written consent or waiver of surface owner for entry onto land; &
4.obtaining an excecuted surface use agrmt providing for comp to surface owner for dama
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| show | -to all surface owners:written notice of proposed O&G operations.
-must disclose plan of work & operations to enable surface owner to evaluate the effect of O&G operations on surface owners land.
-must be given not > 180 days or < 30 b4 commencement
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| show | 1. The dates on which planned operations will begin
2.the proposed facility locations & access routes related to oper includ locat of roads/well/well pads/seismic locat/pits/reservs/ pwr lines/pipelines/compressor pads tank batteries/other facilities
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| Notice must also contain: cont... | show 🗑
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| show | -an attempt to resolve the difference btwn the surface owner and mineral estate owner
-Right to Enter Land
-Notice to Enter Land
-Surface Use Agrmt
-Application for Drill Permit
-Damages
-SoL: 2yrs after damage discovered/shouldve been
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| show | -after notice is given, the parties must attempt good faith negotiations to reach a surface use agrmt to protect the surface resources, reclamation activities, timely completion of reclamation of the disturbed prop and pymt for damages caused by O&G opers
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| Application for Drill Permit | show 🗑
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| show | -a statutory dedication involves a severance of the surface & mineral estate of the street on dedication
-dedicator of land to city for streets and twons retains the mineral rights
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| Costs of Production | show 🗑
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| Consideration | show 🗑
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| show | -Producer sells its prdoduction for a limited duration in exchange for capital funds. Buyer receives a share of the O&G produced for a limited time, free of the costs of production.
-Its production pymt interest is a real prop interest of limited duratio
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| show | -a pymt to induce a LR to execute a lease stricly representing cash consideration or a down pymt; the term also includes an amt pd or agreed to be pd for an extension of the O&G lease
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| "Gathering" | show 🗑
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| Time | show 🗑
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| show | -Landowner Royalty
-Overriding Royalty
-Nonparticipating Royalty
-Perpetual Royalty
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| show | -the mineral owners share of production, free of the costs of production
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| show | often 1/8 of the product is reserved to the owner for permitting another to develop the resource
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| Overriding Royalty | show 🗑
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| show | Characteristics:
1. such share of production is not chargeable w/ any of the costs of discovery & production
owner has no right:
2. to do any act or thing to discover & produce the O&G
3.to grant leases, &
4.to receive bonsues or delay rentals
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| show | -is one not limited to time
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| show | -LE is entitled to drill & operate wells under an O&G lease, paying the LR a royalty & retaining the remainder, the working interest. LE pays all costs of production out his interest.
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| Lessor's Financial Interest | show 🗑
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| show | -co-tenant has pwr to lease & develop concurrently owned interests, must accnt to other co-tenant their proportion of net value(market value less cost of extracting & marketing)
-can't exclude other co-tenants from exercising same rghts to develop & leas
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| Rights of Lessee | show 🗑
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| show | 2 Types: Voluntary & Compulsory (judicial) partition
2 Methods: 1)In-Kind and 2)sale & division of proceeds
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| show | -by written agrmt or exchange of deeds
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| Compulsory (judicial) Partition | show 🗑
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| show | -allocates specific portions to each owner & should be equitable
-question of equality is primarily one of whether petroleum product, if any, underlie the lands equally
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| show | -if the presence of minerals is known, the uncertainty of values as to the actual location precludes the partitioning of the actual land in kind, and instead, the land must be sold and proceeds divided
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| show | -life tenant doesnt have rght to develop minerals (absent special circs) it is cons'd waste as to remainderman
-LT entitled to income from rents/royalties from to lease
-LT & future interest owners may ratify lease & agree upon division of proceeds
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| show | -if there is neither consent nor facts giving rise to estoppel, the nonjoining owners of a future interest has been held entitled to recover all proceeds of development
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| show | -LT receives all royalties from wells producing under a lease in existence at the time the life estate came into being
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| show | -if owner owns the surface and 100% of minerals, a warranty deed of land w/out any exceptions or reservations conveys land & all mineral rights
-all itnerest of grantor pass to grantee unless specifically excluded
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| Reservations | show 🗑
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| Reservation for Minerals Inplace | show 🗑
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| Reservation of Right to enter and take minerals from land | show 🗑
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| show | -In Wyoming, all minerals on state-owned public lands are reserved to the state by statute
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| show | -occurs in transactions in which total of the fractions reserved & conveyed is greater than 100%
-problem arises when there is a warranty deed
-if a quitclaim deed is used, GR would've coveyed only his interest, so the Grantee would have fewer expectati
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| show | --if a grantor doesn't own a lare enough mineral interest to satisfy both a grant & a res of minerals in a warranty deed, the grant must be satisfied first because the obligation incurrred by the grant is superior to the res
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| show | -doesn't apply to leases
-proportionate reduction cluase takes care of the issue of overconveyance in leases
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| Royalty Grant | show 🗑
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| Mineral Interest | show 🗑
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| show | -Bad faith trespasser is liable for the value of minerals produced at the surface, not entitled to offset costs of drilling well
-Good Faith trespasser liable for value of minerals before production, usually given credit for drilling costs
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| show | -to prove good faith
-Test: INTENT: ask
-did trespasser give notice of adverse claim b4 entry & drilling?
-was drainange from adjacent land taking place?
-was trespasser's belief, had right to drill reasonable?
-did trespasser rely on advice of couns
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| show | -before receivng credit for drilling costs, GF trespasser must show the prop has been improved (benefit to rightful owner) and enhanced by his actions.
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| Atty Fees | show 🗑
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| Dry Hole | show 🗑
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| Subsurface Trespass | show 🗑
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| Geophysical Trespass | show 🗑
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| Adverse Possession of Surface | show 🗑
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| show | -adverse possession requires: actual, open, notorious, exclusive, and uninterrupted working of the minerals for a stautory period of 10yrs (SoL doesn't begin to run until landowner knows or has reason to know of the trespass)
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| show | -by mining operations (exploration & production)
-Crts are split on whether drilling for O&G or other subsurface activity on a small part of the tract is constructive adverse possession of the entire mineral estate.
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| show | -consider leaes as contract, so when interpreting, one must look to the intent of the parties, to the language, to the four corners of the instrument, and to toher principles of construction fo Ks
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| show | -Intention is controlling
-Intent determined by: 1)the terms of the instr. if the language is clear and unambiguous 2)rules of construction if there is a doubt as to intention or 3) parol or other extrinsic evid if instr is ambiguous
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| show | -when the agrmt's language is clear and unambiguous, the WY Suprm Crt considers the writing as a whole, taking into acct relationships btwn various parts
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| Interpretation: Coalbed Methane | show 🗑
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| Implied Covenants | show 🗑
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| show | -Implied Covenant:
1)to protect from drainage
2) of reasonable development and further exploration
3)to market the product
4)to conduct operations with reasonable care and due diligence
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| Implied Covenant to Protect from Drainage | show 🗑
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| Prudent Operator rule | show 🗑
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| Implied Covenant of Reasonable Development and Further Exploration | show 🗑
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| show | -when operator is unable to market the product because of the lack of an available market or pipeline connections, no forfeiture results if the operator exercises due diligence in finding a market w/in reasonable time
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| Implied Covenant to Conduct Operations w/ Reasonable Care and Due Diligence | show 🗑
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