Royalties and Unusual Gas Lease provisions

I've found something interesting about Royalties. Google "unusual Ohio oil and gas lease provisions". # 6, 22 and 29 pertain to the royalties but the rest of the stuff is good to know. Alot of Ohio laws pertaining to gas and oil leases have changed over the years. Please let me know what you think of the UPOGLS.  Also, has anyone been able to sign for a non-surface use type of lease?

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Permalink Reply by Tinamarie S on December 1, 2011 at 5:24am

We started with a non-drilling lease and then went to nego. and the lauguage changed.  I figure the landman is clueless because there is conficting information regarding setback location (ex: one part of the language says 500 ft. other parts say 300 ft.)  OR he is just trying to confuse us.   As far as language, it does concern me because we do not have a lawyer to review.   We went that route and got s------.   We are not sure we can trust lawyers.   Another concern is we are a small parcel in no landgroup.   It has been difficult to get the language.    

Permalink Reply by jett on December 1, 2011 at 7:43am

We had the same problem with conflicting statements in the actual "sample" contract and when we

asked, there was some vague explanation. Also, the landman couldn't seem to explain what different parts meant. Some lawyers just don't seem to know very much about gas leases either. We are taking it slow!

Permalink Reply by Finnbear on December 1, 2011 at 9:21am

Most landmen don't know and understand the intricacies of lease language. It isn't their job to. Their function is to obtain as many leased acres as possible, as cheaply as possible for the oil and gas company they represent or work for.

There are lots of lawyers just like there are lots of doctors. You wouldn't trust a general practicioner for a major heart problem, you'd go to a good heart specialist. As such, you should only go to a good oil and gas lawyer for an oil and gas issue. Doing anything less is just asking to be abused.

Permalink Reply by Tinamarie S on December 1, 2011 at 9:36am

I could not agree more with you about the laywer, however we did put our trust in a good Oil & Gas Lawyer and the end results was no contract to take back to the company and a $200.00 bill for his consultation which was him looking at what we would like in the contract and telling us you won't get it but if you want me to write it I will charge you $$$$.  People I talk to and know used other lawyers but the language was hardly changed -no protection, others are giving up 10 or 20 % of their royalities, others are just trying it on their own like me.    I am feeling, as you say, a bit abused.   I also must agree the landman are there to get as many contracts as possible.   The landman was so burned out, I thought he was going to have a stroke when we sat down with him.

Permalink Reply by Finnbear on December 1, 2011 at 10:05am

Care to share who that "good Oil & Gas lawyer" is so that others can look elsewhere?

Permalink Reply by Tinamarie S on December 2, 2011 at 6:16am

I would love to share the name of the "Good Oil & Gas lawyer", however it is not in my nature to slander any particular person or company.   I want people to know that not all good or experienced lawyers are the best and to be very careful who he or she picks.  Ask lots of questions and never deal with a laywer though email.  I do not mind paying for a service if I receive a service.  I would love to find one that is helpful, experienced, and wants to truly help not just take my money.

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