Existing conflicts to leasing

Rec’d a lease offer:

Section 16, 14N 25W

Bonus: $1,500/net min acre Royalty: 1/5th Primary term: 3 yrs paid Optional term: 2 yrs additional $1,500/acre

Haven’t had a lease in over a decade and this is inherited so not a lot of experience. The contract seem VERY favorable to the Lessee so I likely need to get attorney review or get pooled.

The offer is from Jake Tiffany Land Company who I cannot find any information here on the forum.

Only 6 acres so not sure it’s worth the cost of an attorney review, whether they are looking to lock it up or actually drill; or how I would even know.

Also, does anyone know how I would find out if there are any legacy leases with active rights that might conflict with this offer ? Are there clauses in a lease that can help push that risk to the new lessee ?

Thank you in advance, naive questions but I am naive on these matters.

I use this to locate wells, zoom in and you’ll find that there has never been a well in your section so no well holding you to any previous lease.

I used this to check leasing and other activity in your section and the surrounding range/township. Click on Roger Mills County, then scroll down to section-township-range, and enter your details, hit search. That will show you all the leasing and other land activity there. No one has a recent recorded lease, you can look into the past and see many runs of leases but no one drilling the well.

https://okcountyrecords.com/

Yes, 6 acres is important enough to get an Oil & Gas attorney involved. New wells permitted 5 miles North and 5 miles East of your section, with a bunch more further north.

Wait for more offers, many companies drilling in neighboring townships. Try for 1/4 lease, that and getting the proper clauses are more important than the signing bonus royalty. Don’t let them have a 2-year secondary term. Just the three year primary term.

If things go your way in the next 3-4 years, you may have some decent checks coming in.

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What are your post production costs ?

Thank you, this is very helpful.

There were two other offers recently but they wouldn’t even go to 1/5 before they dropped off. This one went to 1/5 but the lease needs a good attorney to review, to my naive eyes it is full of risk shifted to me and a lot of loose wording not in my favor. I have no idea where to locate an attorney familiar with the area, the contracts, and possibly this land company. I’m not finding it as a resource here on the MineralRightsForum but I imagine there is a resource list here.

You seem very knowledgeable and I hope you are OK with a couple follow-up questions:

  1. There is historic lease activity recorded in 2011. I imagine that the lease encumbers heirs which would be me. What I don’t know is if a lease from 2011 could have wording that keeps it still in force and come into play when considering this new lease offer. Your thoughts ? If it could have issues then I need to figure out how to get the actual lease document.

  2. Do you know about how much I can expect to spend to have an attorney review and draft a lease that is lessor friendly ? I’m not sure it’s worth it for 6 mineral acres and $9k bonus or better to just wait and see if they drill and we get pooled: seems that would mitigate signing up for risk that an executed lease might bring. Your thoughts ?

Thank you again for your very helpful information :slight_smile:

Rob, I will answer your first question. An oil and gas lease is in effect within the initial term (primary term) or it can be extended by drilling on your tract or in a unit in which your tract is included by virtue of a drilling and spacing unit. (generally). As Sparkle-motion has pointed out, there was no well drilled in your section, so you have no obstruction to leasing. In other words, no well was drilled, so the lease was not extended beyond the initial 3 or 5 year term.

So, lease away or don’t. But, don’t worry about the 2011 oil and gas lease. Further, as a practical matter, most landmen look to see if a prior lease was extended, or what is called held by production. They would not be seeking a lease if they believed you were not unleased. (again, generally)

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Rob2, Tim Dowd is a wealth of knowledge and spot on regarding your leasing concerns. You are free and clear to lease, as you have no active lease.

For your second question, it’s a bit more complicated, and I’m gonna over explain it, just to see if it’s helpful.

First-off, I have only signed one lease in Roger Mills County. I spent many many countless hours learning everything I could to negotiate my own lease; spent months negotiating, then put it on pause and spent a few more months negotiating again. Even when I signed, I didn’t understand the possible value of a leased mineral acre in a 2-mile horizontal well in Roger Mills County. I have more clarity now, although it is completely speculative, I feel more educated and comfortable.

From looking at wells in recent months completed and producing nearby I’ve created my own little equation with the help of information shared on this forum.

1. Cumulative Production Breakdown

The lifetime total production for an average 2-mile lateral in this core area generally hits these benchmarks:

  • Crude Oil / Condensate: 350,000 to 500,000 barrels (BBLs)

  • Natural Gas: 2.5 to 3.5 billion cubic feet (BCF)

2. Initial Production (IP) and Peak Rates

Modern completion and frac techniques by dominant operators in the area (such as Mewbourne Oil and Upland Exploration) deliver very high initial volumes:

  • Peak Daily Rate: Newly drilled 2-mile wells routinely show peak initial production rates averaging 1,200 BOE per day.

  • Real-World Example: As a benchmark, Upland Exploration’s Easy Come Easy Go 1-36well (a nearby Cherokee offset well) recovered approximately 138,000 BBLs of oil and 0.74 BCF of gas in its very first year of online production alone.

3. Production Decline Profile

Like most unconventional horizontal plays, Cherokee wells experience a steep hyperbolic decline. A typical well will produce 35% to 40% of its total lifetime oil and about 25% of its total lifetime gas during the first 12 months of sales.

Remember this is all speculative, with many factors affecting outcome, but I think it’s a reasonable way to project possible production from a well.

So…

Take 350,000 bbl’s of oil. Multiply that by a respectable price sold per barrel. We’ll go pre Iran War, and say $75/bbl.

We get $26,250,000

Divide that by 1280 acres, because that is how many acres are spaced in a 2-mile horizontal well. Which is what most of the wells are now.

We get $20,507.81, this is the “value” of one acre before the lessee takes their cut

If you have 1/4 royalty, multiply that number by 0.25.

We get $5,126.96

That is your value of one mineral acre for the oil production only. If that scenario, your six acres is worth $30,761. If price of a barrel is more, you get more. This is over 30+ years of production. Do that same math with natural gas.

2.5 million BCF at $3/bcf is $7,500,000

We get $1,464.84

TOTAL MINERAL ACRE VALUE = $6,591.80*

*If you have no deductions, and disregard taxes

-remember this is all low average. It could be substantially lower or higher, but this is a kind of a mean number for reference.

-now add potential future infill wells, the possibility for overlapping wells at different depths and you can at least paint a picture to understand the significance of 1 mineral acre

Now you have to ask yourself if it’s worth paying an attorney a couple thousand or less to make you feel secure that you are getting all that money and not having post-production and other expenses taken out. A lot of times, it’s not worth it compared to waiting for pooling. The risk is more if you miss the pooling and then get leased at the lowest royalty.

Hope the Math helps, and if anyone thinks that is not a good equation, please let me know. I wouldn’t want to steer anyone in the wrong direction.

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Thank you for taking time to reply and sharing very helpful information. I greatly appreciate it and it has led me to your profile and likely many more hours of reading and possible outreach. Thank you again.

Thank you for taking time to share this, I greatly appreciate this and you shine on a light on the value of this engaged and helpful community.

I greatly appreciate how you approached the analysis and it’s very much inline with my analytic/data-driven way of thinking. You are FAR into the process and I am just peaking into a partly open door. Your approach is exactly what I was seeking and you have literally done the math and shared all the details of your work; I am so naive I wouldn’t even know what assumptions to make in the calculations let alone where to find the data.

I cannot say thank you enough, but Thank You again :slight_smile:

I reviewed the lease and not sure where/how I can quantify post-production costs. I did feed the lease into an AI engine for a review and the guidance was that, as written, I am wide open for all sort of post-production manipulation that can reduce the actual royalties paid; I expected that since it’s their lease offer.

In the past when we had lease activity there was an attorney our ancestor used and he would mark-up, strike-out, add addendums, and it would usually take him a very short-time. But it’s been about a decade since we’ve had a lease offer and that attorney has retired. There are three family members with these mineral rights; two have 6-mineral-acres and one has about 12-mineral-acres. Using the info from @tim_dowd and @sparkle-motion I think we will discuss sharing an attorney review since it’s the same lease and terms so legal cost fees become shared and perhaps a better choice against waiting for pooling - but we would loose the bonus which might be all that ever materializes if they don’t drill.

Since you have collectively 24 or so acres, that should/could help get the clauses you want in your Exhibit A for negotiations on all your family leases. I negotiated for myself and brother so, they got twice the amount of acres essentially from one lease negotiation. I don’t know the exact amount of acreage an operator needs to be granted the well by the OCC, I think it’s half plus one of the total acres in the well. So 641 acres in a 2-mile 1280acre horizontal. The only more acres they can get the faster, the happier they are.

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From what I understand, if you receive a pooling order because you haven’t signed a lease, you’ll be given royalty options with a signing bonus, just like a lease offer from a landman. Here’s a cut and paste AI blurp, it’s correct so I didn’t have to type it out.

You could still get a good bonus potentially on a 1/4 royalty. It will be the lowest bonus offer for sure because of highest royalty rate, and it could be zero. Won’t know until a pooling order arrives.

In Oklahoma, during the forced pooling process, the royalty and bonus rates are determined by an Administrative Law Judge at the Oklahoma Corporation Commission (OCC) hearings. The judge bases these rates on the “fair market value” established by recent, voluntary lease transactions within your specific drilling unit and the eight surrounding units. [1, 2, 3]

How the Rates are Determined

Before setting the rates, the operating company must present evidence of what they (or competitors) have been paying mineral owners in the immediate vicinity. Based on this testimony, the OCC issues a Pooling Order that offers unleased mineral owners a choice of several options that balance bonus payouts against royalty percentages. [1, 2, 3, 4]

The options typically follow a sliding scale—meaning as the royalty rate goes up, the cash bonus goes down: [1, 2]

  • High Bonus / Low Royalty: For example, $1,000 per net mineral acre with a 1/8th (12.5%) royalty.

  • Mid-Range Combinations: For example, $750/acre with a 3/16th (18.75%) royalty, or $500/acre with a 1/5th (20%) royalty.

  • Zero Bonus / High Royalty: For example, no upfront cash bonus, but a 1/4th (25%) royalty. [1, 2]

Your Action Required

Once the OCC issues the pooling order, you are given a strict, non-negotiable deadline (typically 20 calendar days) to review the options and respond to the operator. [1, 2]

If you fail to make an election in writing by the deadline, you are usually assigned the default option by the commission, which is almost always the lowest royalty rate and highest cash bonus (or sometimes no bonus at all). [1, 2]

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