Replies to This Discussion

Permalink Reply by Kenneth E. Williams on February 12, 2012 at 4:02pm

If any property is under Tenancy In Common, can the property/mineral rights be sold without all owners signing  off?

Permalink Reply by Bertison-George on February 13, 2012 at 2:38pm

Kenneth,

 

That's more of a legal question.  If you want a legal opinion, I can refer you to some quality lawyers.  I can tell you we've done a few valuations for land owners with this situation.  It's not a very common issue, but it does come up.

Permalink Reply by Kenneth E. Williams on February 16, 2012 at 2:50pm

When you conduct these valuations do you ask if this property is under Tenancy in Common before you accomplish a valuation?  Is this valuation/appraisal free, if it is not free and the property is under Tenancy in Common and the person who contracted with you for the appraisal/valuation and does not pay, do you go after the person who contracted or do you go after the other owners for payment? 

Permalink Reply by Bertison-George on February 18, 2012 at 9:04am

I ask for a copy of the lease and several other questions/items.  They are not free. Fortunately I've not had any problems with payments.  I would not have any contractual rights to try to obtain payment from the other owners so that would not be an option.

Permalink Reply by Kenneth E. Williams on February 16, 2012 at 11:54pm

I was not looking for information that you provided, I was looking for the specific information I requested from BERTISON GEORGE. 

Permalink Reply by Kenneth E. Williams on February 18, 2012 at 2:38pm

Thank you for your answer.

Permalink Reply by beth hamm on March 4, 2012 at 3:00am

Valuation is fine but what instruments will you use to do that????  Gas companies will not tell anyone what kind of pressure coming out of the well before it is in production.  Gas prices are unstable and w/o info about wellhead pressure or how much the gas co will choke it back until prices go up---- it would be like running a royality calculator.  Unless you know how much gas is there from seizmic and know what the gas company is doing it sounds like money used for valuation would be as well used if you lit a match to it and just used the royality calcs that are all over the internet.  Just food for thought before money is used to find out what will be coming sometime in the future. 

Permalink Reply by Bertison-George on March 5, 2012 at 2:48pm

Everyone has an opinion and that's fine.  There are scientific methods of estimating production.  I won't get into accuracy for pricing on here, but will gladly discuss with anyone off line.  I realize there are several reasons for land owners to have have valuations performed.  For financial/estate planning, good luck to anyone who utilzes a free calculator and you have to explain that to the IRS. 

Permalink Reply by beth hamm on March 10, 2012 at 9:17am

The IRS only gets involved after the royality check arrives --- so why would I need good luck with the IRS now??    As for estate planning I guess heirs will know what they get when the royality change over to them when inherit.

Permalink Reply by Bert Holmes on September 5, 2012 at 2:48am

Indeed. Scientific methods of estimating production. You would have zero success in supporting much of any valuation to a knowledgable profesisonal beyond your "opinions". Valuation projections will fall apart at each and every step of the way from production, decline rate, wellhead price and especially the decisions of the gas company who owns and controlls production from the well(s). Let's be real here and not dupe the landowners.