Types of Mineral Rights
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Mineral Rights Overview
In most countries, oil and gas minerals are owned by the government, but in the United States, private citizens own a majority of the minerals. Minerals can be severed from the surface, creating two different chains of title or ownership, which is further complicated by the varying types of mineral rights.
There are 6 types of mineral rights – each with unique advantages, restrictions, and risks. Mineral rights may be acquired by inheritance, purchase, or court order.
We’ll explore each of these briefly and then look at the four most common mineral rights in greater detail.
There are 6 types of mineral rights – each with unique advantages, restrictions, and risks. Mineral rights may be acquired by inheritance, purchase, or court order.
We’ll explore each of these briefly and then look at the four most common mineral rights in greater detail.
Six Types of Mineral Rights
Fun fact: Working Interest is the only type of mineral right with an obligation to pay expenses related to drilling and operating a well.
Types of Mineral Rights Chart
Quickly view the benefits and responsibilities associated with each type of mineral right.
| MINERAL INTEREST (MI) | ROYALTY INTEREST (RI) | NON-PARTICIPATING ROYALTY INTEREST (NPRI) | OVERRIDING ROYALTY INTEREST (ORRI) | WORKING INTEREST (WI) | NON-OPERATING WORKING INTEREST | |
|---|---|---|---|---|---|---|
| OWNS THE MINERALS UNDER THE SURFACE | ✓ | ✗ | ✗ | ✗ | ✗ | ✗ |
| HAS THE RIGHT TO EXECUTE EXPLORE DEVELOP AND PRODUCE MINERALS UNDER THE SURFACE | ✓ | ✗ | ✗ | ✗ | ✗ | ✗ |
| HAS THE RIGHT TO EXECUTE AN OIL AND GAS LEASE | ✓ | ✗ | ✗ | ✗ | ✗ | ✗ |
| RECEIVES LEASE BONUS PAYMENTS | ✓ | ✗ | ✗ | ✗ | ✗ | ✗ |
| RECEIVES LEASE DELAY RENTAL PAYMENTS | ✓ | ✗ | ✗ | ✗ | ✗ | ✗ |
| RECEIVES REVENUE FROM WELL PRODUCTION | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| RIGHTS ARE RETAINED AFTER A LEASE EXPIRES | ✓ | ✗ | ✓ | ✗ | ✗ | ✗ |
| PAYS EXPENSES RELATED TO EXPLORATION, DRILLING, DEVELOPMENT AND OPERATIONS OF A WELL | ✗ | ✗ | ✗ | ✗ | ✓ | ✓ |
| RECEIVES TAX ADVANTAGES | ✗ | ✗ | ✗ | ✗ | ✓ | ✓ |
Mineral Interest
Executive Rights to Explore, Develop and Produce the Minerals
Mineral interest is the most common type of mineral right. Mineral interest owners have the executive rights to explore, develop, and produce the minerals in, on, or under a specific tract of land. Mineral interest owners are entitled to receive a lease bonus, delay rentals, and royalty revenue.
Background:
The owner of a fee-simple estate owns both the surface and the minerals. When the mineral rights are conveyed to another person or entity, they are "severed" from the land, and a separate chain of title begins.
When a person owns less than 100% of the minerals, they are said to own a fractional or undivided mineral interest.
If Sam dies and leaves his mineral interest to his two children, John and Sarah, they each inherit 50% of the mineral interest. Let's say 30 years go by, and John passes away, leaving his share to his two children, Liz and Jane. Now Sarah owns 50% of the minerals while Liz and Jane each own 25%. It's easy to see how quickly a mineral estate can become split with dozens (or even hundreds) of owners in just a few generations.
Non-Executive Mineral Interest (NEMI) is similar to mineral interest, but the owner does not have the right to execute an oil and gas lease. Often, the surface owner retains the executive rights (and fiduciary duties to the non-executive mineral owner).
Background:
The owner of a fee-simple estate owns both the surface and the minerals. When the mineral rights are conveyed to another person or entity, they are "severed" from the land, and a separate chain of title begins.
When a person owns less than 100% of the minerals, they are said to own a fractional or undivided mineral interest.
If Sam dies and leaves his mineral interest to his two children, John and Sarah, they each inherit 50% of the mineral interest. Let's say 30 years go by, and John passes away, leaving his share to his two children, Liz and Jane. Now Sarah owns 50% of the minerals while Liz and Jane each own 25%. It's easy to see how quickly a mineral estate can become split with dozens (or even hundreds) of owners in just a few generations.
Non-Executive Mineral Interest (NEMI) is similar to mineral interest, but the owner does not have the right to execute an oil and gas lease. Often, the surface owner retains the executive rights (and fiduciary duties to the non-executive mineral owner).
Mineral Interest Rights:
Which is dominant, minerals or surface?
Believe it or not, the mineral estate is dominant over the surface, giving the mineral owner the right to enter the property and use as much of the surface as is reasonably necessary to remove the minerals efficiently.
Believe it or not, the mineral estate is dominant over the surface, giving the mineral owner the right to enter the property and use as much of the surface as is reasonably necessary to remove the minerals efficiently.
Royalty Interest (RI)
The second most common type of mineral right is royalty interests. When a mineral interest owner signs an oil and gas lease, they are leasing their mineral interest to a company that plans to drill one or more wells.
By signing an oil and gas lease, the mineral owner acquires royalty interest (RI) and is entitled to a percentage of the well(s) revenue generated without having to pay for any of the expenses associated with drilling or operating the well.
An oil and gas royalty interest is expressed as a fraction (e.g., 1/4 of production) or percentage (e.g., 25% of production).
Some leases have a depth clause, so it is possible to have multiple oil and gas leases for a single tract of land.
When the oil or gas well(s) stop producing, the lease is released, and the royalty interest goes away. The mineral interest owner is free to lease to another company. It is possible to own only royalty interest and lose your mineral rights when the lease ends.
By signing an oil and gas lease, the mineral owner acquires royalty interest (RI) and is entitled to a percentage of the well(s) revenue generated without having to pay for any of the expenses associated with drilling or operating the well.
An oil and gas royalty interest is expressed as a fraction (e.g., 1/4 of production) or percentage (e.g., 25% of production).
Some leases have a depth clause, so it is possible to have multiple oil and gas leases for a single tract of land.
When the oil or gas well(s) stop producing, the lease is released, and the royalty interest goes away. The mineral interest owner is free to lease to another company. It is possible to own only royalty interest and lose your mineral rights when the lease ends.
Royalty Interest Rights:
- Receive royalties on the well production (free of the cost of production)
Royalty Interest Holders:
- Do NOT have the right to surface usage.
- Do NOT contribute toward the cost of drilling or operating the well(s).
- Do NOT have the right to sign an oil and gas lease.
Some mineral owners choose to sell your all or part of their royalty interest, keeping the mineral interest and executive rights in their family. Typically selling only royalty interest results in a lower price because the rights are terminated when the lease ends.
Overriding Royalty Interest
An Overriding Royalty Interest (ORRI), commonly referred to as an override, is a fractional, undivided interest granting the right to receive proceeds from the sale of oil and gas. It is not an interest in the minerals themselves, but rather in the proceeds of the sale of oil and gas. ORRIs are often assigned to geologists, petroleum engineers, landmen, and other professionals as compensation for their services.
Although ORRIs are carved out of the working interest, they are free from the cost of drilling and operating the well. Like Royalty Interest (RI), an ORRI ends when the oil and gas lease ends.
ORRI and MI/RI (mineral/royalty) interests in the same tract of land may be valued differently. Unlike the mineral interest, which lasts in perpetuity, overriding royalties expire with the lease. Therefore, overrides tend to be worth less than MR/RI.
Although ORRIs are carved out of the working interest, they are free from the cost of drilling and operating the well. Like Royalty Interest (RI), an ORRI ends when the oil and gas lease ends.
ORRI and MI/RI (mineral/royalty) interests in the same tract of land may be valued differently. Unlike the mineral interest, which lasts in perpetuity, overriding royalties expire with the lease. Therefore, overrides tend to be worth less than MR/RI.
Non-Participating Royalty Interest (NPRI)
An NPRI is carved out of the mineral estate and is an interest in the proceeds from the sale of the minerals. Unlike a mineral interest owner, the NPRI owner does not have "executive" rights, meaning they cannot sign an oil and gas lease or participate in the benefits of lease bonus or delay rentals.
NPRIs can be complicated. There are fixed and floating NPRIs, and each is calculated differently. With quite a few exceptions to the general rules, it is best to have an oil and gas attorney look at the original granting clause and answer any questions you may have. A mineral owner may own less than expected if the mineral estate is burdened by an NPRI.
NPRIs can be complicated. There are fixed and floating NPRIs, and each is calculated differently. With quite a few exceptions to the general rules, it is best to have an oil and gas attorney look at the original granting clause and answer any questions you may have. A mineral owner may own less than expected if the mineral estate is burdened by an NPRI.
Working Interest
Working interest (WI) is granted by an oil and gas lease between the mineral interest owner and the company that will drill and operate the well. The oil and gas lease gives the working interest owner the right to explore, develop, and produce the minerals beneath the land. The mineral interest owner reserves a royalty (modern leases usually reserve 25%). Because the working interest holder is responsible for all expenses, they typically hold a large percentage of the royalties (upward of 75% or more).
Working Interest Rights:
Royalty Interest Obligations:
There are two types of working interest - operated and non-operated. Non-operated working interest owners do not make operating decisions but are still obligated to pay for the drilling and operating expenses.
Working interest is, by far, the riskiest type of mineral right. While the upside potential is enormous, and the tax incentives can offset against losses, many working interest owners have lost everything.
Working interest is, by far, the riskiest type of mineral right. While the upside potential is enormous, and the tax incentives can offset against losses, many working interest owners have lost everything.
Leasehold Interest
A leasehold interest is another term for working interest and is typically used to describe working interest in an oil and gas lease that has not yet been developed. When an oil and gas lease is signed, the Lessor (mineral interest owner) receives royalty interest, and Lessee receives leasehold or working interest.
Sometimes mineral owners will sign an oil and gas lease with a "middleman" who flips the leasehold interest to the company that plans to drill and operate the well.
A leasehold interest is essentially working interest; therefore, the interest owner is responsible for drilling and operating the well and paying all expenses. In exchange for taking on the risk and expenses, the leasehold interest owner is entitled to significant tax benefits.
Sometimes mineral owners will sign an oil and gas lease with a "middleman" who flips the leasehold interest to the company that plans to drill and operate the well.
A leasehold interest is essentially working interest; therefore, the interest owner is responsible for drilling and operating the well and paying all expenses. In exchange for taking on the risk and expenses, the leasehold interest owner is entitled to significant tax benefits.
Net Profits Interest
Net Profits Interest, which is also called Net Proceeds Interest, is an interest in a share of the net profits. Royalty Interest (RI) holders receive their share of the gross revenue , Net Profits Interest owners receive their share of the net profits.
A Net Profits Interest is a non-operating interest, and therefore the interest owner does not have to pay any drilling or operating expenses.
A Net Profits Interest is a non-operating interest, and therefore the interest owner does not have to pay any drilling or operating expenses.
Why Do People Sell Their Mineral Rights?
We find that most people sell their mineral rights because they would rather have a lump sum of money now rather than wait for declining royalty checks over a period of years. Oil and gas are finite resources, and all wells eventually run dry. It's better to sell while there is still value.
Why People Sell Their Minerals Rights:
With the price of oil declining and operators practically giving gas away, I decided to sell before the bottom falls out.
I am on a fixed income, and the sale of these minerals will help me secure stable housing. My children will be okay if even if they don't inherit these minerals.
My oil wells have been producing for decades and the reserves are almost depleted. Once the wells are plugged, the value will be significantly lower. I'd rather cash out now.
I inherited mineral rights, but don't want to be involved with fracking and fossil fuels. I would prefer to support renewable energy and do my part to reverse climate change.
I lost my job and because of the COVID-19 lockdown, I needed the money. I'm so grateful to have been able to sell my minerals to get me through this rough time.
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