Oil & Gas Leases - What a complicated thing

PaunchyPirate

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I don't have any particular questions on the topic. And there are other forums where the in-depth details can be discussed better, probably (which I'm using). But I thought it might be a topic that some here want to learn about, ignore, think about, make suggestions, discuss, whatever.

My father's side of the family is from West Virginia. Oil was discovered in the area where his family evolved from (Wetzel, Tyler, and Doddridge Counties) in the late 1800s and leases were generated for the mineral rights. It was very common for the mineral rights to be sold separately from the surface land. So over time, the mineral rights got bought and sold and split up a lot via multiple generations of heirs. All separately from the land parcel sitting above the minerals.

As the "responsible" son of my mother, I am left to sort out this mess for my immediate family. Mom inherited the mineral rights from my Dad. She is still alive, but aged 87 and living in an assisted living facility with a failing memory. Dad had inherited separately from both his mother's and his father's side of the family. Oh, and no one in this family really has been good at keeping the written documents of the history. I have a hodge hodge of papers, mostly tax records and check stubs, a couple lease documents, and other miscellaneous stuff. I finally sat down over the last week and organized the documents I do have and wrote up a summary document ordered over time. I've made pretty good progress with one of the leases -- it goes back to an original 1898 lease. Mom successfully still gets a royalty check now and then from this lease, but over time it has dwindled down to a small amount -- usually less than $20 per year. It was $5 in 2024. At its peak, Mom and Dad got about $1200 one year from this lease.

Mom also just signed another lease in 2024 with a company that contacted her about the mineral rights she owned for another parcel we were not aware of. This was from my grandfather's family. Mom's fractional share earned her a $25,000 signing bonus and will get an 18% royalty (on some mysterious amount) if/when they start producing oil/gas from the well(s). They don't usually drill straight down any more. They drill down and then angle the path in a long horizontal path through the Marcellus shale rock formation that holds the oil/gas they want. So, we're anxious to see how much this nets her over time. Several months after signing, they notified us that they had "pooled" our rights with others in the area to support the horizontal drilling going on. They will be passing through only a corner of her parcel with the horizontal drilling. So it may not be a whole lot of money for her. They told us to expect drilling this summer. Royalty payments usually follow several months or more afterwards.

I have found one other lease that falls off the face of the earth in the early 1980s. It appears to have been merged into a pooling agreement, then I have no papers that indicate anything. My grandmother may or may not have received any royalties from it. BUT, now years later, they are drilling there again in the deeper Marcellus shale. So I'm puzzled why my family has not been getting money from that one. I've started researching that on the MineralRightsForum. Perhaps our original lease was only for upper level of the rights. I have no idea.

And then yet another lease is held in limbo since 2009 because the company that we signed the lease with keeps paying us $30 per year so they can eventually drill if/when they want to.

My family never used an attorney to negotiate any of these lease (with one exception). So they are not good leases overall. Mom and I hired an attorney in WV to negotiate the lease for the one where she got $25,000 bonus. He successfully got us much better terms (higher bonus, higher royalty and more favorable terms. Money well spent.

I intend to hire him again in the near future to help me figure out some of this mess. There are some county tax records that are still in my father's name (7 years after his death) that I need to figure out how to get changed.

Anyway, this is just a ramble of what I've been woking on this week. If anyone has similar life experiences, feel free to chime in.
 
Yeah, mineral/oil/etc. rights can be complicated and potentially contentious.

Good luck figuring this all out. Here's hoping your family gets its correct share. Let us know how it w*rks out.
 
We have a small royalty from land my dad owned in the 1950s.... in the name of his estate... he died in 1980...

We get like $20 to $100 a year... but when mom died NOBODY in the family wanted to have it pass to them... heck, I do not know what to do to get it to a new owner as mom never did get it in her name...

As long as I keep getting a check I will cash it... but if it stops coming I will not pursue it...
 
We have a small royalty from land my dad owned in the 1950s.... in the name of his estate... he died in 1980...

We get like $20 to $100 a year... but when mom died NOBODY in the family wanted to have it pass to them... heck, I do not know what to do to get it to a new owner as mom never did get it in her name...

As long as I keep getting a check I will cash it... but if it stops coming I will not pursue it...
Me and my brothers also were questioning whether we wanted to deal with it at all. Then Mom got the $25k bonus. The attorney said it’s very possible she could see $50k from this before it’s all said and done. So our interest has perked up some.
 
I was surprised 10 years ago when a land agent came to my house and the neighbors, with gas/oil leases for us to sign on our postage stamp lots. The mineral/coal rights were sold over 100 years ago when Henry Frick and Co. came though and purchased the coal from the land owners then. We did receive a signing bonus, and monthly checks for a while, but the market has changed somewhat. Larger supply/ warmer winter temps. (except this year) Some of the guys that worked for me years ago, couldn't believe their good fortune when they started getting royalties of $50k/month.
 
I was surprised 10 years ago when a land agent came to my house and the neighbors, with gas/oil leases for us to sign on our postage stamp lots. The mineral/coal rights were sold over 100 years ago when Henry Frick and Co. came though and purchased the coal from the land owners then. We did receive a signing bonus, and monthly checks for a while, but the market has changed somewhat. Larger supply/ warmer winter temps. (except this year) Some of the guys that worked for me years ago, couldn't believe their good fortune when they started getting royalties of $50k/month.
I've often wondered if leases could lead to your house settling following removal of oil/gas. 50K/month could go a long way in assuaging your displeasure at drywall and concrete driveway cracking. Don't know if that's ever a problem.
 
I am skeptical of anyone wanting anything from land I own.

I think it was Mark Twain who described a mining company owner as "A liar next to a hole in the ground"

I have no experience with mining or gas companies, but I would explore your options and ask for references, then seek experienced counsel before you sign anything.

I had a major cell phone company ask about putting a cell tower on my property. I was cooperative and trusted them. I should have followed my advice above.
 
I've often wondered if leases could lead to your house settling following removal of oil/gas. 50K/month could go a long way in assuaging your displeasure at drywall and concrete driveway cracking. Don't know if that's ever a problem.
that does not happen with gas wells, only the coal mines in the Pa area, which there are plenty of them.
 
I don't have any particular questions on the topic. And there are other forums where the in-depth details can be discussed better, probably (which I'm using). But I thought it might be a topic that some here want to learn about, ignore, think about, make suggestions, discuss, whatever.

My father's side of the family is from West Virginia. Oil was discovered in the area where his family evolved from (Wetzel, Tyler, and Doddridge Counties) in the late 1800s and leases were generated for the mineral rights. It was very common for the mineral rights to be sold separately from the surface land. So over time, the mineral rights got bought and sold and split up a lot via multiple generations of heirs. All separately from the land parcel sitting above the minerals.

As the "responsible" son of my mother, I am left to sort out this mess for my immediate family. Mom inherited the mineral rights from my Dad. She is still alive, but aged 87 and living in an assisted living facility with a failing memory. Dad had inherited separately from both his mother's and his father's side of the family. Oh, and no one in this family really has been good at keeping the written documents of the history. I have a hodge hodge of papers, mostly tax records and check stubs, a couple lease documents, and other miscellaneous stuff. I finally sat down over the last week and organized the documents I do have and wrote up a summary document ordered over time. I've made pretty good progress with one of the leases -- it goes back to an original 1898 lease. Mom successfully still gets a royalty check now and then from this lease, but over time it has dwindled down to a small amount -- usually less than $20 per year. It was $5 in 2024. At its peak, Mom and Dad got about $1200 one year from this lease.

Mom also just signed another lease in 2024 with a company that contacted her about the mineral rights she owned for another parcel we were not aware of. This was from my grandfather's family. Mom's fractional share earned her a $25,000 signing bonus and will get an 18% royalty (on some mysterious amount) if/when they start producing oil/gas from the well(s). They don't usually drill straight down any more. They drill down and then angle the path in a long horizontal path through the Marcellus shale rock formation that holds the oil/gas they want. So, we're anxious to see how much this nets her over time. Several months after signing, they notified us that they had "pooled" our rights with others in the area to support the horizontal drilling going on. They will be passing through only a corner of her parcel with the horizontal drilling. So it may not be a whole lot of money for her. They told us to expect drilling this summer. Royalty payments usually follow several months or more afterwards.

I have found one other lease that falls off the face of the earth in the early 1980s. It appears to have been merged into a pooling agreement, then I have no papers that indicate anything. My grandmother may or may not have received any royalties from it. BUT, now years later, they are drilling there again in the deeper Marcellus shale. So I'm puzzled why my family has not been getting money from that one. I've started researching that on the MineralRightsForum. Perhaps our original lease was only for upper level of the rights. I have no idea.

And then yet another lease is held in limbo since 2009 because the company that we signed the lease with keeps paying us $30 per year so they can eventually drill if/when they want to.

My family never used an attorney to negotiate any of these lease (with one exception). So they are not good leases overall. Mom and I hired an attorney in WV to negotiate the lease for the one where she got $25,000 bonus. He successfully got us much better terms (higher bonus, higher royalty and more favorable terms. Money well spent.

I intend to hire him again in the near future to help me figure out some of this mess. There are some county tax records that are still in my father's name (7 years after his death) that I need to figure out how to get changed.

Anyway, this is just a ramble of what I've been woking on this week. If anyone has similar life experiences, feel free to chime in.
ouch on the $30 lease, I had one like that good thing it expired and they did not renew it.
my second one I used a lawyer cause the rest of the neighborhood was using him think it was 3K per acre. it has expired, There was a plan to drill then gas got cheap , sound like drilling is ramping up again in the Marcellas region, I kept my gas rights but sold my property .

get a lease with no deduction and an expiration date in it so you actually get the 18% no have them chip away at it and not get stuck with a $30 lease for life.
 
I dealt with oil and gas leases and their unique economics and tax implications, among other things, when I was a tax guy in public accounting. When my stepdad passed I found among his records an oil and gas lease on family property in east Texas. He had received a lease bonus when signed but I never saw any royalties in the intervening years. This set me off on an odyssey of researching the mineral rights, which eventually took me to a courthouse in east Texas. What I determine was that the family had previously sold the mineral rights before the lease took place. The lease bonus check had been returned for that reason.

It was interesting to research all of that but I was disappointed to not uncover some long forgotten royalty stream.
 
It's particularly challenging if you don't live in the same area where the rights are held. Fortunately, I live in PA about 3 hours drive from where these leases that I describe above are located. I just called 2 of the counties that has been taxing Mom's minimal royalties each year and successfully changed the mailing address for the tax bills. But for one of the counties, I need to go in person and register my Dad's will with the County Clerk to get the NAME on the tax bill's changed. I figure I'll do that soon so that it's properly in my Mom's name so that it will be cleaner when she passes. Assuming I outlive her.
 
It’s tough, I’m trying to figure out how to calculate/find the stepped up basis when my FIL passes.
 
that does not happen with gas wells, only the coal mines in the Pa area, which there are plenty of them.
Coal mine fires have wiped out whole villages and towns. Sad.
 
My second home in Guernsey Co. OH has 2 acres. A fracking company took a five-year lease on it for <$6000 with royalties to follow. It's been a year of local infrastructure improvements and drilling. Looking forward to our first royalty check. I've been told (hearsay) these checks will be greater than the lease. We'll see sometime this year. btw...the drilling is a mile away but I can hear it overnight, beautiful countryside ruined to some degree by the industrial noises. I only signed on since all the neighbors did; and they have large plots of land. No escape, i.e. damn if you do and damn if you don't.:(
 
Fracking has been linked to increased earthquakes, so you might have drywall cracking but for a different reason.
I have the large block, 8-foot basement; I have no fewer than 6 cracks, straight through the blocks, and my floor has subsided 2 inches on the one section of basement. This home was built in 2013. Very little recourse?
 
Best route is to have an attorney do an ogm search. Much more work then a regular property search and last time I had one done it was around $2,200. All records should be recorded in the county court house of record. Being in nw PA we've had several parcels of land with the OGM rights(oil, gas and mineral). Some we owned outright. Others were previously leased which meant we would still get royalties on producing wells. Some were only leased for certain shallow formations allowing for the leasing of much more lucrative formations such as Marcellus and Utica shale. Unfortunately we were never in the target area of the more lucrative formations but we were happy with anything we got including free gas.

I would strongly recommend being very cautious with Chesapeake energy if ever approached by them.
 
Fracking has been linked to increased earthquakes, so you might have drywall cracking but for a different reason.


I don't believe fracking causes earthquakes. Maybe in a few rare cases water injecton might cause some small tremors in perfect conditions but there's just not enough energy being put into the ground to do much of anything.
 
This reminds me I never got around to reading the book Saudi America. Might be outdated by now. I had a bit of contact with frack site developer’s equipment acquisition. Quite a spectacle.
 
My second home in Guernsey Co. OH has 2 acres. A fracking company took a five-year lease on it for <$6000 with royalties to follow. It's been a year of local infrastructure improvements and drilling. Looking forward to our first royalty check. I've been told (hearsay) these checks will be greater than the lease. We'll see sometime this year. btw...the drilling is a mile away but I can hear it overnight, beautiful countryside ruined to some degree by the industrial noises. I only signed on since all the neighbors did; and they have large plots of land. No escape, i.e. damn if you do and damn if you don't.:(
The money will be depended on several factors, the unit size and the royalty percentage. From what I can tell the minimum unit size is 40 acres in Ohio for wells greater than 4000 feet which the Marcellus and Utica are, but I’ve never dealt with Ohio. So (2/40)*royalty percent x price of gas x daily production. If you have a larger drilling unit then the amount you receive will go down. Your lease contract should state the royalty percentage. In recents years for shale wells in Louisiana it was 25% and I believe that was common elsewhere. Daily production is usually given in million cubic feet and price in thousand cubic feet although the marketing people talk in therms. But quotes on line i.e. $4 for natural gas is I believe in thousand cubic feet. Being a former natural gas pipeline engineer I never liked dealing in therms. I always dealt in volumes. Good luck! And if it’s a small unit you will do well.
 
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