ND Oil & Gas Law


Considerations for Mineral Owners

These pages discuss a variety of issues mineral owners may want to consider as they review and negotiate an offer to lease their mineral interest to an oil company.
Mineral Leasing
This page briefly addresses several practical questions, such as why enter into a mineral lease, when should a mineral owner consider entering into a mineral lease, types of mineral leases, the role of a landman, and implied covenants in a mineral lease.
Mineral lease: habendum clause
The habendum clause specifies the time during which mineral interests will be subject to the mineral lease.
Mineral lease: granting clause
This page discusses the graning, warranty and lesser interest clauses.
Mineral lease: royalty clause
The page discusses the royalty clause and bonus provision.
Mineral lease: saving clauses
This page discusses the Savings Clause in a mineral lease; that is, the provision which extends the duration of a mineral lease even though there is no production at the time the lease expires.
Mineral lease: other clauses & thoughts
This page describes several other provisions that may be included in a mineral lease, including "top leasing".
North Dakota Sample Mineral Lease
This page provides a copy of the oil and gas lease used by the State of North Dakota when it leases its mineral interests to an oil company.
Mineral lease: other clauses
Abandonment of Mineral Rights
North Dakota has a statutory law that severed minerals can be abandoned "back" to the surface owner if the owner of the severed mineral rights does not take steps to retain ownership of the minerals. This page introduces that statute and a case in which the North Dakota Supreme Court interpreted the statute.

Email: david.saxowsky@ndsu.edu

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