It's never recommended that anyone sign any type of legal agreement without the advice of an attorney, not even a personal will. The law is often more complicated than people realize, and it's easy to overlook details that would otherwise ensure your rights. If you're signing over mineral rights on your land, you want to be sure you consult with an oil and gas lawyer like Roberts Miceli Boileau & Doutt LLP first. Consider some benefits they can offer you during this type of legal transaction.
1. Protecting your royalties
A person who signs over mineral rights when it comes to their land should be entitled to royalties from those minerals, not just a flat fee charged to allow someone to drill or mine on their land. Using an oil and gas lawyer who understands mineral rights can ensure those royalties are protected.
2. Understanding the difference between land and oil
In some areas, oil is separate from the land, meaning that a person can own the oil they pump out from underneath the ground even if the oil runs under a neighboring property. The oil is not considered part of the land, so it's not considered stealing, as it would be if a person were to mine minerals under someone else's property.
While this is often the law in many areas, it can cause disputes between properties. An oil and gas lawyer can protect the rights of a property owner and the rights of a production company that pumps the oil by drawing up agreements between them.
3. Land can be leased
While a gas producer has the right to the oil that is pumped from his or her equipment, land can be leased to make this pumping easier and to ensure that all potential oil is harvested from the ground. A property owner who knows they have oil or other minerals on their land can have an oil and gas lawyer draw up a lease for their property that allows a developer to use their land for a certain time.
4. Production processes and costs can be understood and adjusted
When a person is paid royalties for the materials mined or harvested from their land, often the production company will deduct the costs of production before they pay those royalties. A good oil and gas attorney will understand all those costs and insist on changes; for example, they may ask that transportation costs to end users be deducted or may see that a company charges too much for drilling expenses. This can protect the landowner and ensure he or she gets the royalties he or she deserves.
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