Royalty Interest vs. Non-Participating Royalty Interest

3 related Questions listed below …….

  1. In Texas, as listed on a Division Order for “Type of Interest”, I (as a mineral owner) am trying to understand the difference between “Royalty Interest” (RI) and “Non-Participating Royalty Interest” (NPRI).

Is the distinction that with a NPRI the mineral owner has fewer rights which would include not sharing in a lease bonus or ability to execute a lease? Any other differences between a NPRI and a RI?

Where would I, as the mineral owner, look to verify if I have a NPRI or a RI? Would this be listed in the governing lease? And what terms or wording would I look for to determine which type of royalty interest I would have?

The new well listed on the Division Order is, at the surface, located in an existing “Unit” ……. HOWEVER the bottom depth of the new well extends to BELOW the bottom depth of the Unit Agreement. Could this “Non-Participating Royalty Interest” listing possibly mean that this new well does not “participate” in the terms of the existing “Unit Agreement”?

I’ve asked the Operator who issued this Division Order to clarify the meaning of the NPRI as shown on the Division Order, but I have not received a response.

  1. Is it possible that the terms of a lease could be changed by listing the incorrect wording for “Type of Interest” on a Division Order?

  2. When signing a Division Order involving a Texas location should the mineral owner always hand write on the Division Order “No terms of the lease are to be changed in any way and I am not ratifying an oil or gas contract.”? If yes, is that the correct legal wording to use? If not, what is?

A RI is the royalty interest provided on the lease form.

A NPRI is a royalty interest carved out of the mineral estate.

Best Buddy Cotten

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Thanks for your reply, Buddy.

  1. Just so I understand ……… by your use of the term “Mineral Estate” is that referring to minerals that are part of a specific lease? Once minerals are leased and become part of a “Mineral Estate” can there be various types of Royalty Interests in that Mineral Estate, with “Non-Participating Royalty Interest” (NPRI) being one of them (and others being Working Interest, Overriding Royalty, etc.)? In other words, is a NPRI one type of a RI?

  2. Do I understand correctly that when a lease is executed a Lessor has a RI (as long as Lessor doesn’t have a Working Interest, an Overriding Interest or other special type of interest), meaning that the Lessor had the right to execute a lease and to receive a Lease Bonus Payment?

  3. After a lease has been executed and say a second well (under that same Lease) is drilled on that “still under lease” area, the Division Order for the second well would be a “NPRI” “Type of Interest” to signify that the Lessor is not entitled to a second (additional) Lease Bonus for the drilling of a second well in the already leased area?

  4. Also, does the wording of “the mineral owner gives up his rights to lease” (which I’ve seen in some definitions of NPRI) simply mean that the mineral owner can not enter into a new lease while that area is still under an existing lease?

  5. Am I correct that signing a Division Order showing a NPRI type of interest, does NOT mean that a Lessor gives up his right to execute a future lease in an area or to receive a future Lease Bonus if the current lease would ever expire and the Lessor would wish to enter into a new lease in the future?

  6. I have never before received a Division Order listing an “Interest Type” of “NPRI”, so I want to make sure I understand that term before signing the Division Order.

Could it be that some Operators simply list “Types of Interest” (unless it is a Working Interest, Overriding Interest, etc) as “RI” on their Division Orders, without specifying that “RI” might is the more specific “NPRI” Type of Interest?

A royalty interest and a non-participating royalty interest are not the same. Did you sign a lease as a mineral owner or did you ratify a lease as an NPRI owner? There are varying levels of NPRI, e.g. - some cannot lease but receive bonus and royalties - others cannot lease and do not receive any bonus, only royalties. It is all in the exact wording of the deed granting or reserving minerals. Ownership starts with 100% of the minerals and then someone sells or gives ore retains a partial interest - such as the right to receive 1/64 royalty and no other interest. You need to determine exactly what type of interest you own and how that translates to the royalty decimal. Here is a link to John McFarland’s Lawyer Blog which discusses this. Herein of mineral interests, royalty interests, working interests and overriding royalty interests — Oil and Gas Lawyer Blog — March 12, 2019

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I’m trying to determine what “Type of Interest” and “Interest” (decimal amount) should occur on a newly received Division Order. Please bear with me as I give necessary background that pertains to my questions.

Background Information:

1. This concerns minerals in Texas that have been passed down thru multiple generations. The fractional interests have changed over time as additional people have each received a smaller fraction of the original interest. The following language appears in the first in the sequence of recorded documents recently found. This recorded document from 1925 had no “heading” (such as “Mineral Deed”, “Royalty Deed”, etc.) labeling this document.

(Note: Words appearing between brackets are my own. I’ve shortened the actual wording that appears in this document (“granted, sold, conveyed, assigned and delivered” = {conveyed}; “oil, gas, etc….” = {product}; land legal description has been left off …… to make this posting as brief as I can.)

“Party A {conveyed} to Party B a royalty interest of 1/16 of all {product} hereafter produced together with an equivalent reversionary interest in and to all {product} in and under the following described land ……”

“Above described land being now under an oil and gas lease {to oil company}, it is understood and agreed that this sale is made subject to the terms and conditions of said lease, and the royalty interest hereby conveyed is a 1/2 part of royalty provided by said lease {lease showed a 1/8 royalty}, to be paid. But the royalty interest hereby conveyed shall be a covenant running with said land in perpetuity and shall be provided for in any future lease or sale of the {product} on and under the above described land.

It is understood that the 1/16 {1/2 x 1/8} interest herein conveyed is a royalty interest only, and the Grantee by reason of the possible reversionary interest in the {product} in and under said lands shall have no interest in any rental, bonuses, or any other revenues or moneys other than the royalties received or derived from the lease or sale of said land, and neither the Grantee herein nor his heirs or assigns, shall have any control over the lease or sale of said lands, for mineral or other purposes, and for the purpose of leasing, selling or making any other contracts for the development and production of the minerals in said land, the Grantors are expressly made the Agents of the Grantee and it shall not be necessary to consult the Grantee in any way with respect thereto; but in case {product} shall at any time hereafter, be produced from said land, then and in that event, the Grantee shall receive a 1/16 of same so produced and saved as royalty which shall be delivered to the Grantee, his heirs and assigns.”

So it seems that Party B now has a 1/16 interest.

2. Party B conveyed to Party C (in a document with the heading of “Mineral Deed”) a 1/2 interest in Party B’s interest, using the exact same language as shown in Item #1 above. So it seems Party C now has a {1/2 x 1/16} 1/32 interest .

3. Party C conveyed to Party D (in a document with the heading of “Royalty Deed”) 1/2 of the 1/32 interest Party C receive from Party B , but used the following language:

Party C has {conveyed} to Party D a royalty interest of {1/64} of all [product] hereafter produced and saved from, together with an equivalent reversionary interest in and to all [product] in and under the following described land ……. “

“The royalty and reversionary interest, above described, and herein conveyed, is {1/2 of the 1/32} royalty and reversionary interest in said land conveyed to me (Party C, by Party B)) by deed {recorded in Vol. “x”, Page “y”; this deed contained the same language as shown in Item #1 above} in to which deed and the record thereof, reference is here made for all purposes, and this conveyance is subject to all of the terms and conditions of said deed which are here referred to.”

To have and to hold the interest above conveyed, together with all and singular, the rights and appurtenances thereto and in anywise belonging unto the said Party D , his heirs and assigns forever, it”

being expressly understood that this conveyance is without warranty of title either express or implied and without any recourse on me.”

So it seems Party D now has a 1/64 interest.

4. The deed described in Item #3 above was subsequently conveyed (in a recorded document that made NO REFERENCE to the language shown in Items #1, #2 & #3 above) from Party D to Party E via Probate. For simplicity let’s say that Party E received 1/2 of Party D’s 1/64 interest. So it seems that Party E now has 1/128 interest.

5. Party E conveyed their full interest of 1/128 (via “Mineral Deed”) to Party F . I am Party F and if the Mineral Deed I received from Party E shows that I own 1/2 of 1/64 that would mean I own 1/128.

I have recently received a Division Order (D.O.) for a new well (located in the area covered by the above conveyances) which asks that I verify the accuracy of the “Type of Interest” and the “Interest” (shown as a decimal amount) that appears on the D.O.

My Questions:

  1. What is the meaning of “ Reversionary Interest ” as shown in the above deed language …… and how, if at all, would the meaning of “Reversionary Interest” effect my verifying the accuracy of information that is shown on the D.O.?

  2. Am I correct that the language in the conveyances shown in Items #1, #2 & #3 above (and I’ve found NO evidence that the language in #3 above has been changed over the years) would pertain to me as Party F? If that’s correct, does that mean that the “Type of Interest” on the Division Order I recently received should be shown as “ NPRI -Non-Participating Royal Interestand not as a “RI - Royalty Interest ”??

  3. To verify, if it’s a “NPRI” Type of Interest does that mean that I [ Party F ] am not able to sign leases, collect leasing bonuses, etc? I only have right to collect a royalty payment in the fractional amount as shown on the Mineral Deed that was conveyed to me?

  4. How to calculate what my “Interest” (decimal) as it should appear on the D.O. if this is a NPRI?

With a NPRI, does my “Interest” that would appear on at Division Order always remain the same regardless of what royalty amount is shown in any lease (since lease royalty amount may vary from lease to lease over the years)? In other words, if my Mineral Deed shows that I own say 1/2 of 1/64 (which is .0078125) is that what my “Interest” should be shown as on a D.O. ……… and the royalty fraction that would appear in any lease would NOT be used as part of the “Interest” calculation to be shown on the D.O of a NPRI?

Apologies for the length of this post but I want to provide adequate info. to explain my questions.

The reversionary interest is a reference to the minerals which revert to the owner upon expiration of the lease. In Texas, the theory is that once a lease is signed, the minerals are now “owned” by the lessee for the life of the lease and the lessor has a right to an income stream based on the written terms of the lease and a reversionary interest in the minerals. An NPRI is a royalty interest. It is a burden on the minerals owned by heirs of A and reduced their royalty rate. You can think of this as meaning that the combined royalty rate of mineral owner lessee and NPRI equals the rate stated in the lease. NPRI are not all identical but are determined by the terms of the original grant. The term NPRI indicates that the owner does not have all rights related to the minerals. Some NPRI are limited to royalties, while others may not be able to lease, but do receive a share of the bonus and delay rentals. Your full royalty decimal only references your fractional interest in the total acreage in the original grant. It does not extend to 100% of the acreage in the well. The division order expresses your net royalty interest in all the acreage in the well. For example, if you are entitled to 0.0078125 royalty in 100 acres and the well is drilled on 400 acres, then your royalty in the well will be 0.0078125 / 4 = 0.001953125

I very much appreciate your reply, TennisDaze. However, I’m not sure I’m totally understanding this, so may I follow up with ……….

  1. I gather that “Reversionary Interest” simply means that, in Texas, the ownership of the minerals reverts back to the Mineral Owner once a lease expires ……. and that the term “Reversionary Interest” is not involved in determining if I have a NPRI …… and is also not involved with the calculation of the “Interest” decimal that is to appear on a D.O. Am I correct in that?

  2. Based on the language that conveyed an interest from Party A to Party B (the language that I’ve previously posted),:

a) Do I (Party F, as shown in my previous posting) have a NPRI interest??

b) If that’s correct, then would my NPRI interest (based on my previously posted language in the conveyance from Party A to Party B) NOT entitle me to a share of any lease bonus …… and NOT allow me to participate in any lease negotiations?

  1. Concerning how to calculate the “Interest” to appear on a “NPRI” D.O.:

a) The original lease (listing Party A as the original Lessor) covers many different areas listed in the lease. My Mineral Deed is for only one of those areas, which is the entire Section “X” of Block “Y” that is approx. 640 acres.

b) The original lease negotiated by Lessor (Party A) shows a 1/8 royalty to be given by the original Lessee.

c) My Mineral Deed shows I have an undivided 1/2 of 1/64 interest in any [product] that may be produced from [the entire Section “X’, Block “Y”] “. 1/2 x 1/64 would be my Net Mineral Acres, correct??

d) 1/2 x 1/64 equals 0.0078125.

e) The “Property Description” on the D.O. says NW/4 Sec. “X”, Blk “Y”. If the entire Sec. “X” of Block “Y” has 640 acres, then is the “acreage in the well” considered to be 640/4 = 180?? I’m not sure I understand the meaning of your term “acreage in the well”.

f) With trying to understand a NPRI, I’m confusing myself. Given the above, can you show me the math of how to calculate the “Interest” decimal that should appear on the D.O.?

  1. To further help me understand a NPRI (if documents state that it is to run in perpetuity) ……. if the terms of that NPRI do not allow me to participate in leasing, and Lessors can negotiate potentially different lease royalty amounts in any number of leases that may come and go over the years, then is it correct that the royalty amount that would appear in any lease (including the 1/8 lease royalty that appeared in Party A’s original lease) would NOT be used in calculating my “Interest” decimal that would appear on any “NPRI” D.O that I may be presented with over the years?

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You do not own net mineral acres, but rather a right to a portion of the royalties under a lease with respect to the specified section or portion thereof. Exactly what your royalty is in the acreage depends on 100% of the deed language and how that language has been interpreted by the Texas courts. That may leave open whether you own a portion of a fixed royalty of 1/16 or of a floating rate based on 1/2 of the royalty rate in the current lease (such as 1/2 x 1/4 lease royalty = 1/8). You need to consult an oil and gas title attorney to review all the deeds to make this determination. With respect to a particular well, you need to look at the permit and plat and related documentation such as a unit declaration to see the total acreage applied to the well and how many of those acres are in your section. Many horizontal wells will include acres from several sections - such as north half of section X and north half of section Y. If it is an allocation well, then the calculation can be more complicated as it will be based on number of feet in the productive lateral in your tract divided by the total number of feet in the producing lateral wellbore. This is why the royalty decimal can vary from well to well. There are discussions of how to calculate your royalty decimal on this site and you can look at other information from the web or from NARO. Ask the operator for the formula that was used for the particular division order. And pull the well permit and the well completion report (including the plats) for your files.

It appears to me that determining the Division Order Interest Decimal for a Non-Participating Royalty Interest is more complicated than for Royalty Interests. Thanks once again for your thoughts and comments. Much appreciated.

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