Insight for
Mineral Owners
Empowering mineral rights owners with education, opportunities, and insights.
If you would like to discuss oil & gas mineral related issues with other landowners, visit the popular Mineral Rights Forum.
Mineral rights can be described as the unseen value associated with a tract of land. Historically, land was transferred among owners, with the royalty rights co-mingled with the surface rights. As oil and gas production began in the U.S., these rights started to be viewed independently. If mineral rights are severed, i.e. the process of separating mineral rights from the surface rights, a new and separate chain of title for the minerals begins.
Separate ownership of mineral rights and surface rights can sometimes cause confusion. Regarding oil and gas production, the owner of the surface rights has limited input whether oil or gas is produced from underneath his property. If production is established, a portion of the value is paid via a royalty fraction (i.e. percentage) to the mineral rights owner.
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If a landman comes knocking at your door, it’s wise to know a few things before signing an oil and gas lease. Here are two articles that will help you negotiate your oil and gas lease. The first, Oil and Gas Leases: Top Ten Things Not to Do describes some of the mistakes owners make and how you can avoid them. The second article, Oil and Gas Leasing: Top Ten Things to Do illustrates how you can pursue the best deal for your mineral rights regarding your lease bonus payment, royalty percentage, and other important lease provisions. Learn more about the process of oil and gas production in the article Oil and Gas Production in Nontechnical Language.
As with other assets, royalty rights come with a tax liability. These tax burdens vary depending on whether the minerals are being produced or not. Minerals can be taxed both at the state and county level, in addition to your Federal tax obligation. The County Ad Valorem Tax is generally levied only on producing minerals. There are several ways to mitigate tax impact, including the Depletion Allowance and 1031 Exchanges. The article Royalty Tax provides answers and links to common questions oil and gas royalty owners have about mineral right taxes.
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