In addition to financial matters, a lease or sales contract can do more than simply specify the amounts paid to the owner. It can also contain language that protects the owner’s property and way of life while exploration, mining, drilling and production take place. The contract can set guidelines that protect the owner’s buildings, roads, livestock, crops and other assets. It can also reserve portions of the property that will not be disturbed during exploration, mining, drilling and production.
In most transactions the lessee is the one who prepares a contract for signature. If the owner signs without getting professional advice, the rights conveyed to the lessee might be greater than the owner wants to give away. Any owner who does not have knowledge or experience with mineral rights transactions should seek advice or representation from an attorney or mineral property professional. Lessees will often accept significant revisions to what is contained in their standard lease or sales contract.
