Non Participating Royalty Interest in the Williston Basin

I inherited an interest in the Williston Basin that reads in part:

"does hereby sell, assign, transfer, convey and net over to the said assignee, all of their rights, title and interest in and to three perent (3%) royalty, of all of the oil and all of the gas produced and moved from the herinafter described lands in the county of"

I have left off the property descripion for privacy reasons.

The 160 acre property referred to in The Royalty Assignment Deed is part of a 2 section drilling unit which is producing oil and gas.

The surface and mineral rights to the 160 acres have been in the posession of the same family since the 3% Assignment of Royalty Deed was filed.

The operating company sent me a Division Order reflecting what I thought was my decimal share of the well based on the 3% royalty interest in the 1/4 section in the 2 section drilling unit.

I agreed, signed and returned the Division Order and, after a time, received a check for payment of my share of production based on the signed Division Order.

Two days after receiving the check I received a revised Division Order with a decimal share that is exactly 1/6 of the original Division Order decimal interest. No explanation was provided for the lower number.

The effective date of the revised Division Order is the same as the effective date of the original Division Order.

Now, finally, to my question.

Do I have a NonParticipating Royalty Interest (NPRI) that entitles me to 3% of the royalties (sales of oil and gas) from the 160 acres in the drilling unit or do I have something else that is completely different from what I think I have?

Keith, I think you need to ask a lawyer. I saw like reservations on minerals I inherited and I believe that 3% is 3% of the whole, not just of the lessors royalty interest. Sorry I couldn’t come up with a better answer. I thought it was a good enough question that it deserved better than…crickets.

I think my original reply wasn't as clear as it could have been. I believe that you should receive 3% of the production of the acreage you have the interest in. If those with the balance leased for 1/6th 16.67, I believe you should receive 3% and they should receive 13.67%.