Houston, TX asked in Real Estate Law and Energy, Oil and Gas for Texas

Q: I am heir to a 25% mineral interest on 297 acres. They're drilling a well. Do I get 25% of the 25% from leasee?

Plat is for 297 acres. There is one surface owner for 297 acres. I do not have executive right.

2 Lawyer Answers

A: You should take all deeds and any other proof of inheritance, etc. to an oil and gas or real estate attorney in your area for an in-depth review.

Aimee Hess
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Answered

A: To answer this question, an oil and gas attorney will need to do a bit of research. They will need to look at how this interest passed to you, whether through a will or a deed or some other method. They will need to review whether or not you have a lease and whether or not your property is in a pooling unit. In a pooling unit, each property is allocated oil and gas production based on how much acreage they own that is included in the unit. For example, in Texas, if you own 10 net mineral acres in a 100 acre tract, and the 100 acre tract is in a 300 acre unit, and the lease provides for a 25% royalty, then you would multiply 1/10 times 1/3 times 1/4 to calculate your royalty percentage. On the other hand, if you don't have a lease, it's possible you would be treated as a working interest owner and would only be paid after your share of exploration and drilling expenses were paid. Again, this is just an example. to know how your situation would be treated, it's imperative that you have an experienced oil and gas attorney review the relevant documents.

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