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By Kenny DuBose
Common mistakes mineral owners make in oil and gas lease negotiation
Every day across America, mineral owners are contacted with oil and gas lease proposals regarding their oil and gas mineral interests. Unfortunately many of them dont do their homework and miss available upside. Along with a sister article titled Oil Lease Negotiating – Top 10 Things To Do, we present here things NOT to do. Hopefully you wont find your actions among these.
Dont Jump at the Site of an Oil and Gas Lease!
Dont immediately pick up the phone to the leasing agent, gushing with emotion that youve received an oil and gas lease in the mail. If theres ever a signal that says youre an early signer (and likely not getting the best terms), its that you just couldnt wait to start talking.
Dont Rush to Hire a Lawyer
While you may in fact want to get an attorney involved later during the process, there are many other things you can do to benefit yourself in the mean time. Immediately hiring a lawyer upon receipt of an oil or gas lease only starts his fees sooner, and will ultimately cost you more than if you had waited. In fact, the lawyer, if hes worth his salt, should first ask you questions that youll need to find the answers to yourself. You can find many of these issues discussed here at MineralWeb.com.
Dont Sign the Oil or Gas Lease
Most documents within an oil and gas lease proposal package (leases, ratifications, bank drafts, etc.) are legally binding documents. Until the deal is thoroughly discussed, negotiated, and understood, theres no need for you to sign anything.
Dont Focus on the Lease Price Alone
Of course the economic implications are important, but this is far from the only important aspect of an oil and gas mineral lease. Everything is negotiable. In the case where you own surface rights along with mineral rights, the terms related to surface use can be quite important, possibly more important than lease bonus and royalty percentage.
Dont Start Spending Money You Dont Yet Have
This is called common sense. Until the check clears the bank, you havent made a dime. Furthermore, just because the drilling rig has shown up does not mean that a commercially viable well is around the corner. Maybe, but no guarantees. There are plenty of dry holes around.
Dont Respond That Youre Not Interested
Even if youre the rare person who couldnt care less about the economic benefit, its in your best interest to learn about what is happening in the area. You may in fact ultimately get force pooled, which will result in certified mail and phone calls to deal with anyway.
Dont Warrant the Oil and Gas Lease
The first draft of an oil and gas lease presented to you likely states that you warrant and defend the chain of title to your minerals. Simply stated, delete it. Dont warrant (guarantee) anything.
Dont Spout Off
As in, dont say things verbally that youre not willing to stand on. Absolute statements like I wont take anything less than $5,000 per acre are usually of little value, and in fact may hurt you. If ever you decide to back away from your statement, youve lost credibility, which will only minimize your negotiating power. Absolute statements in negotiating are typically made by rookies.
Dont Lease Multiple Non-contiguous Tracts on One Lease Form
Simply put, this minimizes the chance of problems down the road. Development of an oil or gas field is a dynamic process that unfolds over time as in years. By matching one oil or gas lease to each contiguous tract, the issue of whether a tract is held by production from another tract is all but eliminated.
Dont Allow Unrestricted Use of Fresh Water
The first draft of almost all oil and gas leases allows for unrestricted use of fresh water for operations related to the drilling and completion of a well. This issue may or may not be applicable in your specific case, but it is certainly worth considering.
About the Author: Kenny DuBose holds a Bachelor of Science in Petroleum Engineering and is an active member of the Society of Petroleum Engineers and the National Association of Royalty Owners. He is President of
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a resource for owners of
mineral rights and oil and gas royalty
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