I know of person who is force-pooled. I thought in North Dakota you receive 16% until your portion is paid plus 50%. This person is getting more than the other family members and should from the start only get 16% which is less. They are getting quite a bit more. My question is does the oil company have a payment schedule that they follow to pay off the well? And as a result it will take longer to pay off, but you get more coming in every month? Please advise if you have come across this scenario. Thank you!
Kevin, I would say there is something missing in the equation. Either the one getting more did in fact sign a lease, owns more net mineral acres or the operator made a mistake and believe me, I know of people who are profiting greatly from an operators mistake but there will be an accounting one day, I would assume. Comparing decimal interests should give you a clue.
Kevin, the payment schedule you ask about would never happen. The operator has to pay the weighted average of what everyone else in the spacing leased for OR 16%, whichever the operator elects. 16% would be 75% of a 20% royalty. The operator is not going to make a deal where you get more royalty up front until the well is paid off making it even more attractive for you not to lease.
People think that if you go non-consent that is it, you are non-consent forever. That is not true. My operators still tell me I can lease to them any time I choose. I wouldn't doubt that I could lease to them exempting the wells I currently have. I still have 100% of my rights where I have gone non-consent and can still make deals. If I were worried about losing bonus, I could sign a lease when new wells are drilled. The operator wouldn't be happy about exempting the other wells but I think they would accept because a lease is where they make their money.