Mineral rights refer to the ownership of oil, gas, and other minerals beneath the surface of your land. These rights can be:
Mineral rights can be sold, inherited, leased, or reserved separately from the surface
Understanding the difference is essential:
In Ohio, mineral rights are dominant, meaning a mineral owner or operator may access the surface to develop the minerals, unless your lease includes protections
You may own the surface but not the minerals. This can happen due to:
Mineral rights often become divided among many heirs over generations, creating:
Ohio’s Dormant Mineral Act allows surface owners to reclaim abandoned mineral rights under certain conditions. This often requires:
Before signing any lease, landowners should understand:
Bonus Payments
Upfront money paid for signing a lease. This varies widely by:
Your share of production revenue. Key considerations:
Paying Quantities
A legal standard determining whether a lease remains active. The definition varies by:
Defective or Misleading Royalty Clauses
Some leases appear to limit deductions but contain loopholes such as:
This language can eliminate your protections and reduce royalties by 50% or more.
Arms-Length Sale Clause
Prevents operators from selling gas to a shell company at an artificially low price to reduce your royalty.
Audit Clause
Allows landowners to review the operator’s financial records to verify royalty accuracy.
A strong lease should include protections for:
Without these protections, landowners may face:
Title issues can delay or prevent leasing and royalty payments. Common curative actions include:
Professional title research helps ensure:
If you have questions about mineral ownership, leasing, or royalty issues, OEA can connect you with:
Our goal is to help you understand your rights and protect your family’s interests.
