Articles


Rock beats Scissors – Mineral beats SurfaceEvery petroleum landman should be very familiar with the minerals being the dominate estate in the United States over the surface. Since mineral rights are considered real property, mineral owners have the full right of enjoyment of them.  Without access to capture them they would be “landlocked” so to

The Dominate Estate of Minerals and How It Can Affect Drilling

Problem Questions, Answers, Discussions about  Life Estate IssuesEvery petroleum landman should be very familiar with a Life Estate and the issues surrounding it?  Simply put, a Life Estate is a Future Interest held by one person in the real property of another that will take effect upon the expiration of the other property’s interest created

Common Life Estate Issues

Differences Between Life Estates and TODDsOn November 1, 2008, a new statute became effective in Oklahoma. (Later amended in 2010 and 2011).  Although Transfer-On-Death Deeds (“TODDs”) were used in other states to transfer real property prior to usage in Oklahoma, the Non-Testamentary Transfer of Property Act (Title 58, Okla. Stat. §1251, et. seq.) became effective

Transfer on Death Deed Issues

Can you Automatically Lose an Oil and Gas Lease?Most petroleum landmen are not that familiar with this situation. The simple answer to the question above is yes, but the process can be anything but simple. It all depends upon 1) how the oil and gas lease is written, 2) what caused the breach, 3) were

OGL – Breach of a Covenant and/or a Condition?

What Issue with the Dunham Rule Effects the Landman and Title Curative?Every petroleum landman should be familiar with the Dunham Rule. In not-so-distant past, petroleum landmen from Oklahoma and Texas found themselves working in the state of Pennsylvania in the Marcellus Shale (natural gas). The situation arose in reading a conveyance of land deed where

Overview of the Dunham Rule

Petroleum Landmen Making the TransitionTo become more diversified and marketable, today’s petroleum landman should be familiar with its role in Alternative Energy land practices and the associated contracts. The old saying, “there’s nothing new under the sun” is being proved wrong. Another song said, “the answer my friend is blowing in the wind.” This creates

Alternative Energy and the Landman

Should they ratify an oil and gas lease?Every petroleum landman should be familiar with a ‘Non-participating Royalty Interest.’ A simple explanation for a non-participating royalty interest owner is that they are along for the ride.Non-participating royalty interestIn other words, a non-participating royalty interest usually means, “a percentage of production/revenue carved out of the mineral estate.

NPRI Owners

EXPLORATION AGREEMENTS VS DEVELOPMENT AGREEMENTS PARTICIPATION AGREEMENTEvery petroleum landman should be familiar with the different types of Participation Agreements. Frequently companies desiring to pursue an opportunity with other companies do not want to incur liability for the others’ obligations. Rather than forming a Joint Venture, industry participants enter contracts to govern the Joint Exploration and Development.

Participation Agreements

What is the Petroleum Landman’s role?Every petroleum landman should be familiar with the term ‘Due Diligence’ as it refers to the oil and gas industry and its role in performing it. Due Diligence covers a very broad set of research skills, some of which require specialized degreed training in that aspect of the research. Others

The Different Phases of Due Diligence

Are you sure about that?    When the petroleum landman in the field either runs title or is given a mineral ownership report from which he or she is to lease the mineral owners, he or she can sometimes encounter situations he wasn’t counting on. These same issues are associated with surface title, too.  Title

I got my Minerals from Uncle Bob

The Hurdles in Oklahoma Oil and Gas Leases and HBP Properties.The following is an exercise that every petroleum landman should be able to answer as regards to oil and gas wells holding oil and gas leases (HBP) in properties located in Oklahoma. The following parameters covered 640 acres of leases located in Section 28-T12N-R10W –

HBP – Can You Explain?

Top Leases, Assignments, Farmout Agreements, andJoint Operating Agreements Something that every petroleum landman and/or oil and gas lease agent should know is what the difference is between an Exculpatory Clause and a Novation Clause and how they can affect the most common agreements used in the oil and gas industry. If these clauses are not worded

Exculpatory Clause vs Novation Clause

The Doctrine of Indivisibility Every petroleum landman and/or oil and gas lease agent should understand whether or not the Oil and Gas Lease is subject to what is known as the “The Doctrine of Indivisibility.”  This means that the Lease is not divisible or not divided, and states that a single well, which is capable of producing

The Doctrine of Indivisibility

Lessee beware!Every petroleum landman should know that in order to avoid negative impacts on the Lessee’s operations, the ‘compensatory royalty/offset drilling clause’ in an oil and gas lease must be carefully drafted. Negotiating and articulating all aspects of the clause is crucial to meet the Lessee’s current and future operational needs while protecting the leasehold estate

Are Modern Compensatory Royalty Clauses Enforceable?

An advantage of thorough and applicable Petroleum Landman Training comes from highly experienced oil and gas attorneys, senior right-of-way personnel, and senior landmen (See: The Advisory Board of the Institute of Energy Management) who, in their career, have dealt with certain “landmines” (like this subject) and how they resolved them. Offset Drilling Clause As a Petroleum Landman,

Are Offset Drilling Clauses Enforceable?

An advantage of thorough and applicable Petroleum Landman Training comes from highly experienced oil and gas attorneys, senior right-of-way personnel, and senior landmen (See: The Advisory Board of the Institute of Energy Management) who, in their career, have dealt with certain “landmines” (like this subject) and how they resolved them. After Acquired Title Doctrine As a Petroleum

After Acquired Title Doctrine

An advantage of thorough and applicable Petroleum Landman Training comes from highly experienced oil and gas attorneys, senior right-of-way personnel, and senior landmen (See: The Advisory Board of the Institute of Energy Management) who, in their career, have dealt with certain “landmines” (like this subject) and how they resolved them.  As a Petroleum Landman, have you

Oklahoma Intestate Succession Before And After July 1, 1985

An advantage of thorough and applicable Petroleum Landman Training comes from highly experienced oil and gas attorneys, senior right-of-way personnel, and senior landmen (See: The Advisory Board of the Institute of Energy Management) who, in their career, have dealt with certain “landmines” (like this subject) and how they resolved them.  As a Petroleum Landman, have you

Wills Per Stirpes, Wills Per Modern Per Stirpes, Wills Per Capita

​An advantage of thorough and applicable Petroleum Landman Training comes from highly experienced oil and gas attorneys, senior right-of-way personnel, and senior landmen (See: The Advisory Board of the Institute of Energy Management) who, in their career, have dealt with certain “landmines” (like this subject) and how they resolved them.          

How to Spot a ‘Duhig’ Problem

 An advantage of thorough and applicable Petroleum Landman Training comes from highly experienced oil and gas attorneys, senior right-of-way personnel, and senior landmen (See: The Advisory Board of the Institute of Energy Management) who, in their career, have dealt with certain “landmines” (like this subject) and how they resolved them.  Open Mines DoctrineFor example, have you

The Petroleum Landman And The Open Mines Doctrine – Landmines To Consider

An advantage of thorough and applicable Petroleum Landman Training comes from highly experienced oil and gas attorneys, senior right-of-way personnel, and senior landmen (See: The Advisory Board of the Institute of Energy Management) who, in their career, have dealt with certain “landmines” (like this subject) and how they resolved them.   Most Petroleum Landman training courses do

Can You Automatically Lose An Oil And Gas Lease Due To A Breach Of A Covenant And/Or A Condition?

Petroleum Landman ComplexitiesAn advantage of thorough and applicable Petroleum Landman Training comes from highly experienced oil and gas attorneys, senior right-of-way personnel, and senior landmen (See: The Advisory Board of the Institute of Energy Management) who, in their career, have dealt with certain “landmines” (like this subject) and how they resolved them.   Most Petroleum Landman training

Drilling A Well Where A Land Trust And A Conservation Easement Exists

What’s the difference and how are they used? Insert Image Every petroleum landman should know what’s the difference is between the two terms and how are they used?  Why so?  In some part of the country the Net Royalty Acre calculations are used rather than the Net Mineral Acre method. One of the main differences between

Net Royalty Acre vs Net Mineral Acre

Wind EnergyWind Energy or power is nothing new, but with the developments regarding the global need for alternative clean over the past decade, renewable energy is growing.  As a result, the market has been taking on new life, growth, and future importance in an attempt to address ‘global warming’.   Currently, wind energy power supplies only a

There is a new Landman in the Wind

Who’s First – Does it Matter?One thing is clear, Wind and Solar Energy are here to stay.  But, what about Natural Gas?  One main and large issue with Wind and Solar Energy is the lack of ability to store any of the energy they create, unlike natural gas reserves (underground storage facilities and LNG).  A common

The Wind and Solar Lease vs The Oil and Gas Lease

When attempting to settle surface use and damage issues, have you ever had to decide which of these options would be best for your company in the short and long run?
1. Relying on the right of ingress and egress as set out in the oil and gas lease.
2. Acquiring an easement for such purposes?
What’s the difference? Isn’t the right of ingress and egress an easement?

Not On My Land! Ingress and Egress vs. Easement

It has been said, that the best teacher and predictor of the future is the relevant past. Have you heard about the latest move by some really well intended, but extremely naive, people?
“Let’s Run Oil Companies Out of Business?”
These same folks have recently said that we should take away all incentives for oil companies and stop drilling on Federal Lands and offshore. My answer to this is, “How is the view from the Cheap Seats?”

Here We Go Again – The Oil Embargo Revisited
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