Advice on Oil & Gas Lease

Hello - thank you in advance for reading…

I was just offered $500 for each of 63 net mineral acres at 18% royalty across 5 people. It seems a fair price and I’ve done the title search on idocmarket already. This is in Wiiliams County, N.Dakota and I just wanted to ask for any advice on this. The lease stipulates Oil & Gas and “any other product” for royalties. I mention this, “any other product” for the increased interest of rare earth minerals under the current administration.

  • for your consideration thank you again.

Not being up to date on current mineral leasing in Williams Co. I do not know current lease amounts. I believe that what you were offered is a little low. Hopefully someone with more current knowledge can help you.

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I would leave out the “any other product” and require it be oil and gas only! I would also request 20% and a higher bonus. As I have read previously, if these acres are in different sections, do a separate lease for each section and try to stick to three years. I’m not really up on bonus amounts but saw someone had reported getting $1750 in ND recently. They can only say no. But I would definitely not let them “lease” any other product. That should be separate and specific, In North Dakota mineral interests refer to ownership of “oil, gas, coal, clay, gravel, uranium, and all other minerals of any kind and nature.”

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Have a ND attorney with oil and gas experience review the proposed lease. I don’t understand the phrase “18% royalty across 5 people”.

This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.

Make sure you get a depth clause. Im not sure what you mean by “any other product” for the increased interest of rare earth minerals under the current administration". If you are referring to Lithium, its been going on for awhile and courts are still trying fo figure out if the surface owner or mineral owner owns the rights. To make you sleep better at night, simply ask them to strike the any other clause and make it oil and gas only.

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Note taken

5 heirs have rights (apparently). The Oil & Gas lease offers me 18% royalty.

Thanks!!

Each heir should have their own lease unless language in the title documents indicates otherwise. You would have your share of the net acres. If in different sections, then each section needs its own lease.

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Williams is very hot right now. I’ve seen better terms out there. At the level you’re working at, it would be very worthwhile to hire a lawyer. Mine redlined several items out of what I considered to be a favorable lease.

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I’ll keep that in mind. The sections are 5:SW1/4 and section 6: lots 4 & 5, E1/2SE1/4.

Is there any way of knowing current or past activity?

Thank you. I believe this forum stipulates some limitations on legal advice but do you have any suggestions on lawyers there or firms? I’m spitballing a bit here on my searches but any advice would be appreciated.

Need Township and Range in order to look up activity.

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Sorry - 159N Range 103W

Thank you!

It’s a busy market in ND right now. My lawyer isn’t taking new clients. Maybe a landman can help you find one. Best!

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5, 6-159N-103W Current activity has KODA Resources leasing. No old wells showing up. KODA has horizontal permits for three section wells in 160N-103W just to the north of you.

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Holy smokes! Thank you.

Hello 4th… We have mineral interest in Oklahoma so I have no knowledge of the situation in ND. But in our experience, the first offer and even beyond tend to be lowball and you should not be timid about entering into a negotiation. I have doubled and in one case tripled the initial offer. I think your percentage 18% correlates to a 3/16 royalty. I just closed a lease on one parcel by negotiating a lower lease bonus and a better percentage (20% or 1/5). This forum is a great place to become more knowledgeable about how all this works. One more thing. If you and your other family members can negotiate as a bloc, you will have more leverage, even if you each sign an individual lease for your respective interests. I wish you the best.

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There is not much activity in that area compared to other areas in Williams County. You may be able to get slightly better bonus amounts and royalty, but it won’t sky rocket until they start drilling. Because you are apparent heirs, you may have to file probate in ND, which can cost 2k-4k. Companies will be able to lease you without probate, but you won’t get paid on your royalty until there is probate in the state of ND. Sometimes independent landmen and land companies will help with the probate process, operators will not.

Hi, Can I ask which company made the offer? I am looking to lease in Golden Valley. Not much going on in the last 5 years, maybe things are changing again?

Thank you!