Legal Question in Real Estate Law in New Mexico

Oil and Gas Lease

Reference: ''Producer's 88-Producer's Revised 1994 New Mexico Form 342P, Paid-up'' Oil & Gas Lease.

1. What is a ''Paid-up'' oil and gas lease?

2. What is a ''shut-in royality''?


Asked on 2/21/02, 9:49 am

1 Answer from Attorneys

Joseph A. McDermott, III Attorney at Law

Re: Oil and Gas Lease

Paid-up means that the consideration for the lease -- the per acre bonus and delay rentals, if any -- are paid to the mineral owner at the time the lease is taken. Shut-in royaolty is the amount the lessee must pay the mineral owner for the right to shut-in a gas well on the property, rather than produce from it; typically operators shut-in gas wells in anticipation of a better price or until a pipeline serving the well is constructed. As a landowner, it's important to limit the time which the operator can shut-in a gas well by negotiating for a short shut-in period at the time the lease is made. It's almost always worth paying a lawyer to review and help negotiate an oil and gas lease.

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Answered on 2/21/02, 4:07 pm


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