Tuesday, April 30, 2013

Lease Mineral Privileges

If you own your house, chances are you also own the mineral rights. Minerals are below the ground and include crude oil, natural gas, salt, sand, gravel, gypsum, and a host of other substances. The rights to develop minerals on your land could mean a great deal of money. Each state has a different way of handling mineral rights, but there are some common steps regarding leasing.


Instructions


1. Define mineral rights. A mineral right is the right to extract mineral from the earth or receive payment in the form of royalties. A mineral right may be sold, transferred or leased in the same way in which other property rights are. A person may own all or some fraction of the mineral rights.


2. Review the use of leases. A mineral owner can develop his or her own land, but this takes a great deal of capital and expertise. The more common approach is to lease the mineral rights to a mineral development company. The lease grants the person or company receiving the lease the right to develop and produce minerals in the leased parcel. The lease represents a private contract between the parties.


3. Understand the terms and conditions of the lease. When the lease is signed the mineral owner is usually paid a bonus. The lease might also stipulate a certain royalty to the mineral owner. Leases have a special term and may provide a rental payment to the mineral owner if no minerals are found.


4. Contact a real estate broker or office of geological survey. Also contact a real estate attorney for advice on additional provisions placed on certain minerals such as oil and gas treatment. The attorney also will be able to draft a leasing agreement specific to the laws of your state. See Resources for a sample leasing agreement.








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