Congratulations on acquiring a mineral asset! You must be asking – when does the money start rolling in? A common question, but one which may have multiple complex answers. Most states with active oil and gas industries provide a statutory framework to define baseline rules for when royalties are due to a mineral owner:
*3 months in certain circumstances
These rules, however, are just the beginning. Several issues may cause delays in royalty payments past these deadlines, and there may be additional statutory requirements or exceptions. Have you provided proof of your ownership to your Operator? Has the Operator suspended your interest due to a title defect, and are they even allowed to do that? Are you required to sign new division orders? Are you entitled to additional interest on your late royalties or attorneys’ fees? What does Louisiana mean by “timely” payment, anyway?
A caveat – mineral buyer beware. Although each state has some form of statutory structure governing the payment of royalties, a basic facet of the law is freedom of contract. If your asset is subject to existing leases, the terms of your leases may conflict with, or altogether override, the statutory provisions.
So, what do you do if you are not receiving the royalty payments you believe you are owed when you think they should be due? That’s a much easier answer – you call RR&A.
Disclaimer: The information and material on this website is general information about our practice and firm. This information does not offer specific legal advice and the use of this information does not create an attorney-client relationship with RR&A or any of its attorneys. The information on this website should not be used for legal advice, and persons should not act upon the information on this website without engaging professional legal counsel.
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