Leasing agreement offer

Hello all,

I am new to the mineral rights idea and have just been made an offer on mineral interests I own by inheritance. I was wondering if anyone could tell me if this is a fair offer for the area the land is located in. Since there is no Webster county group on this site, I am hoping someone close by has had some experience with this. The property is 72 acres in Webster County Kentucky. I own 1.4966 net acres, as do both of my brothers. The terms offered are as follows:

1. One dollar per net acre bonus for consideration

2. One-eight royalty

3. Three year primary term

4. One dollar per net acre annual delay rental

5. One hundred dollar signing bonus

Any insight would be appreciated.

Melissa

Who would make such an insulting offer?

Get them to spend time preparing a lease in writing and then tell them to take it put it where the "sun don't shine".

Walter

They did prepare an offer in writing....those are the main points. I'm sure I would put it quite that way...LOL..but I'm definitely not ready to just jump at whatever gets thrown at me either.

Hi Melissa,

Are there any wells around your property that you can ask the owners what they received for bonus? Like Walter said, $1.00 per mineral acre does sound like an insult. Why not tell them you want $1000.00 per acre. At this point you certainly have nothing to lose. Also tell them you want a 20% royalty. The worst they can do is say no or make a counter offer. Good luck with it.

Yours,

Wes Luke

Melissa Strojek said:

They did prepare an offer in writing....those are the main points. I'm sure I would put it quite that way...LOL..but I'm definitely not ready to just jump at whatever gets thrown at me either.

I would have to do some research....the property is in Kentucky and I live in Ohio. In any case, I will be making request for a lot more per acre and the 20% royalty increase is not a bad idea either. All I know is that surrounding properties have producing wells. This is actually the second time an oil company has asked for a lease. The last time was 5 years ago and that company only offered a year and $10 per mineral acre. Nothing ever came of it because they ran into some issues before they could get set up. I have been told by the land man that my family (there are 5 of us involved) are the last ones to sign off the deal. I don't know if that is b.s. or what. And I am also wondering what the others involved were offered. This offer was made by Navitas Land and Mineral, representing L.A.W. Oil and Gas LLC. Anyone heard of either of these two entities?

Hi Melissa,

If there are producing wells around your minerals, even though you don't have a lot of acreage, it's worth probably much more than the $1,000 per acre. I would suggest a professional mineral manager to help you. Do you not have a way of getting in touch with the other heirs? If all of you were to use the same mineral mgr. it might make it a little cheaper for you. I know an excellent mineral mgr. if you choose to go that route. There are many things involved in a lease besides the bonus and royalty. You can lose a lot of money merely by not taking action against many clauses in the lease. I just leased a 1.675 acre lease and it will pay me pretty well be cause I had a professional do my lease. Tell the landman you would like all future contacts to be by email. That will give you a record of what is said. Explain to him you have a limited number of minutes on your phone and you're trying not to "go over". I wished you luck before but you can make your own luck if you go about it right.

Yours,

Wes Luke

Thanks Wes,

I will be getting in touch with the other heirs to see what we can do. In fact, I have an aunt and uncle who have a larger share because my brothers and I are splitting what would have been my dad's share. They would certainly have more to gain by not being ready to just jump on anything thrown at them too. Who is the mineral manager you have in mind? Also, my brother said the land man we are dealing with told him that it doesn't matter whether or not we agree because he only needs 50% to have what is called eminent domain.....what does he mean by that and is there such a thing in this instance? I have not been able to find any information on that phrase as it relates to this kind of transaction.

Thanks,

Melissa

Melissa,

Send me a private message and I will reply with all your questions.

Have a great day,

Yours,

Wes Luke

Thanks Wes,

for providing some good insight on this. It's not only completely understanding the lease contract, like I always heard, what the large print giveth, the small print taketh away. Its the fact this guy can't seem to provide copies of the wills and deeds fully explaining myself and my family's inheritance of these mineral rights. I sent away for and have some of it but, so far the will doesn't match the names on the deed. And so far no physical address of the said property. I've asked several times, show me the paper trail and don't just tell me what it says. When he got tired of me asking those kinds of questions he 1st said he was going to offer me money that he wasn't offering the others, then said it didn't really matter any way they were going to drill because they had eminent domain rights. I wouldn't trust him any further than I can spit.

Can they proceed through eminent domain ?

And shouldn't there be a nice paper trail of deeds and wills with coresponding names?

Mark

Hi Mark,

Now you're asking things I know nothing about. I'm not a landman, which I believe is what you need to answer these questions. I would imagine they have the right to drill or they certainly wouldn't tie up 7-8 million dollars in the process. But when you get into wills and deeds you're over my head. Likewise with eminent domain. In my experience it's the mineral rights owners responsibility to show ownership. Sorry I can't help you more. A mineral manager can help you more than anyone.

Yours,

Wes Luke

I have land an minerals in Texas & I am not familiar with Kentucky. Here is what I have learned about leasing mineral on the Texas Gulf Coast, southwest of Houston, Texas.

If your land is in a shale play, the signing bonus can be in the thousand dollar range.

If not, $150-$400ac has been the acceptable range on the Texas Gulf Coast where I have land and minerals. It depends upon whether it will be a "wildcat well" (a discovery well in an untested area) or if it is in a field with proven production. In Texas, the Railroad Commission regulates the oil & gas industry & gives out the well permits. Find out what government entity does this in Kentucky. From that entity you can find out if any permits have been given in your area or if there any active wells.The may be able to give you the names of oil companies in the area of your minerals. Call one or two companies and ask to speak with a land man. Ask him what he considers a respectable lease offer in your area.

Most important is your royalty percentage. If it is a big company or if the area is "hot" (active), you may be able to get 1/4 royalty. Start out asking for that. You may have to compromise with a 1/5. Never accept less that 1/8. Your success in negotiation will partly depend on how much of the mineral acreage you own - or that your family owns. The family members should "stick together" for more leverage. You and your brothers do not have much of the minerals; so, you may not get more than 1/8 royalty, but you can ask. Ask your aunt & uncle what offer they received and if they accepted it or not. If your family also owns the surface, you have a little more leverage. If you own the surface under the drill site, make sure you are paid damages for the drill site.

Ask for $25ac or $50ac delay rental. The signing bonus may be less, if the company pays delay rentals. A "paid-up lease" does not have delay rental payments. If the lease/offer provides for annual delay rental payments, the company will lose the lease if the payment does not arrive on or before the date of the lease. If the company drills and gets production, the company will not be paying any delay rentals. It will hold the lease "by production." Ask the land man when the company plans to drill and when they can get a rig. Ask them how long the company has been in business. Look the company up on the Internet. Try to find out if they are reputable and how many successful wells they have drilled in the last 5 years.

"Eminent domain" is not the proper term. That term is used if a company is putting a big pipeline in that will carry gas to a gas plant or water to a city. It is a taking of land for public use if you do not sell at a reasonable price. It requires a lawsuit. But, if a company leases a majority of the mineral interests, the company can drill without leasing all the mineral interests. They are more apt to do that for a seismic permit. They really prefer not to do that for a well because after their drilling expenses are met, the unsigned mineral owner gets 100% of his/her royalty interest (not 1/8). It may take 2-3 years for the company to recoup its expenses. If the well plays out before the company's expenses are met, an unleased mineral owner will receive nothing. The well may be a "dry hole" and you will not get anything. So, it's risky for the mineral owner.

If the family has enough minerals to justify the cost of an oil & gas attorney, I recommend you use one in Kentucky. If you prefer, he/she can negotiate for you. He/she can also provide your lease or review the oil company's lease and add an addendum of provisions to protect your rights. Find out what the attorney will charge and see if it is worth it.

Good Luck,

Liz Taylor

Thanks Liz,

There is plenty of oil production on neighboring properties and I have looked into the oil company as much as I can. I just emailed the land man with the new terms I would like to see on a contract so we will see what kind of response I get. It was the land man that used the "eminent domain" term..which I figured was just a scare tactic to get us to hurry up and sign a piece of paper. It may have been just that and they don't really want to do that so I figure I have nothing to lose.

Thanks for your response

Melissa