Two Common Mistakes with Mineral Rights
Avoid two mineral rights malpractice traps for listing brokers.
Oil & Gas
How can I Rejoin Severed Colorado Minerals Rights with the Surface?
Attorneys at Frascona, Joiner, Goodman & Greenstein, P.C. can assist surface owenrs with adding the minerals to the tax roll, purchasing the tax lien, and applying for and perfectingthe treasurer’s deed.
What should I know about Colorado Senate Bill 181 and its effect on oil and gas development in the state? Part II
This article contemplates how SB 181’s tweaks to the forced pooling process and requirement for new COGCC public health and safety rules may practically serve to impede new oil and gas development in the State of Colorado.
What should I know about Colorado Senate Bill 181 and its impact on oil and gas development in the state? Part I
Updated: Sept. 9, 2019. Part I: Realignment of the COGCC and Delegation of Control to Local Governments Puts an Emphasis on Protecting Health, Safety, and Welfare, including the Environment and Wildlife Resources. On Tuesday, April 16, 2019, Governor Jared Polis signed into law Senate Bill 181 ‘Concerning Additional Public Welfare Protections Regarding the Conduct of … Continue Reading
No Oil Development Restrictive Covenant
The restrictive covenant on my property that says ‘no oil/gas drilling allowed’ means no one can develop the minerals under my property, right? Not exactly. Buyers of Colorado real estate often mistakenly rest easy knowing their property is subject to a restrictive covenant disallowing oil and gas development (referred to herein as a ‘no oil … Continue Reading
Severed Estate Tips and Tricks for the Commercial Developer
I want to purchase then develop vacant commercial property, but I don’t think the minerals are included. What should I do? Targeting a split estate property on pre-contract strategies, common pre-closing considerations, and legal tools to repair split estate complications.
If I sign an oil and gas lease, how long will it last?
Why is the Duration of an Oil and Gas Lease Confusing? The duration of an oil and gas lease is the cause of a lot of confusion – and for good reason. An oil and gas lease contains two ‘terms,’ a primary term and a secondary term. If the lease carries over from primary term … Continue Reading
Mineral Rights – What is Forced Pooling?
Article Updated: 7/11/2018 The oil and gas company told me to sign the lease or they would ‘force pool’ me. Can they do that? Yes, but it’s not as bad as it sounds. The term ‘forced pooling’ is slang for Colorado statute CRS § 34-60-116(6) that allows the oil and gas company to apply for … Continue Reading
New Property Purchase: Are the mineral rights Included?
I am purchasing a new property. Are the mineral rights included? The specific language in a property’s prior conveyances, known as the chain of title, dictates whether the rights to the minerals are included in the purchase. As clearly disclaimed in the Colorado Contract to Buy and Sell Real Property, buying a property does not … Continue Reading
I am selling my home. Can I keep my mineral rights?
Can I keep my mineral rights? Yes. The general rule of thumb is that minerals run with the land so the mineral ownership and rights to existing royalty payments (if any) pass with the land to the new owner. A landowner must actively reserve or convey the minerals to avoid passing them to a new … Continue Reading