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Royalty Clerk

Texas oil lease offer

Is this lease offer good?

A company wants to lease your minerals. Compare its bonus and royalty with what your county's public record shows, then upload the lease and see the clauses that decide how much you are paid, each with the sentence it came from.

The lease is drafted by the company. Most of it can be changed.

The public recordWhat State leases paid per acre, last five years
  • Reeves County$2,500 median · 264 leasesRelinquishment Act leases
  • Webb County$375 median · 193 leasesRelinquishment Act leases
  • Pecos County$350 median · 45 leasesRelinquishment Act leases
  • Loving County$7,750 median · 21 leasesRelinquishment Act leases

State land only, so a reference for a private offer, not a promise of one. Source: General Land Office.

Compare the offer

What is your county paying?

Choose the county. Add the bonus, royalty and term from the offer to see where each falls. No account needed.

The offer, and where the land is

Paid once, when you sign.

The share of production paid to you.

How long the lease lasts if nothing is drilled.

Scan the lease

Upload the lease and see what it says

We look for the clauses that change what an owner is paid or keeps: how the royalty is figured, when land is released, how long the lease can run, and more. Every flag quotes the exact sentence of your lease. Where we could not read a page, we say so.

Upload the lease

A PDF, a phone photo or a scan, up to 25 MB. A free account can scan one lease and sees each flag with its quote.

Or drop it here. PDF, or a photo from your phone. Up to 25 MB.

The lease is stored in your private Mineral File. It is never shown to anyone else.

What the scan looks for

  • How the royalty is figured, and whether costs can come out of it
  • Pugh and depth clauses, and whether land is released
  • The first term, and any option to extend it (the 3+2)
  • Shut-in royalty, pooling authority and the habendum wording
  • “All my land in the county” cover-all wording
  • Protections the lease does not have

The five terms

What to read first in any lease offer

1. Bonus

A one-time payment per acre when you sign. It is quoted per net mineral acre, so check the acres the offer counts.

2. Royalty

Your share of what is produced. The words that figure it matter as much as the fraction. Heritage (Tex. 1996) Hyder (Tex. 2016)

3. Term

How long the lease lasts if nothing is drilled, and whether it can be extended by paying again.

4. What is released

A Pugh clause or a depth clause gives back the land or the depth that is not being produced at the end of the first term.

5. Who decides pooling

Pooling authority lets the company combine your land with others into a unit. The size and the terms it may use are in the lease.

And

Shut-in payments, the “Mother Hubbard” cover-all clause, and how quickly you are paid. The scan lists each one it finds.

Share your offer

Help other owners see what is being offered

Private leases are recorded in county clerk files, not in any public data set. Owners who share the offers they receive are the only way a county range for private land can exist.

Where the land is.

YYYY-MM-DD. Today if empty.

Kept for the reviewer. Never shown with one offer.

Extension and other terms

What happens to it

A person reads it first. It is never shown alone: a county range appears once three offers from three people are in it. We do not ask your name or the property's address.

Before you sign

Six steps, in order

  1. Step 1: Do not sign the first draft

    It is the company's form. Ask for time, and for the lease in writing so it can be read.

  2. Step 2: Compare the bonus, royalty and term

    Use the county figures above. Ask what the company paid nearby if it will say.

  3. Step 3: Scan the lease

    See how the royalty is figured, what is released, and what the lease lets the company do.

  4. Step 4: Mark what you want changed

    Pick the clauses to raise. Ask for wording, not only for a promise.

  5. Step 5: Send the counter in writing

    Members can have a counter-offer letter written from the scan. Keep a copy and the reply.

  6. Step 6: Compare the final with the offer

    Read the lease you are asked to sign against the one you were offered. Changes made at the last minute are the ones to look for.

FAQ

Questions people ask

What is a fair bonus per acre for an oil and gas lease in Texas?

There is no single fair bonus. It depends on the county, how close drilling is, how much of the land is offered and how many companies want it. The best public reference is what leases nearby actually paid. This page shows the figures the General Land Office has on record for State leases in each county, and a range from offers owners shared once three or more from three people are in. The State leases State land, so its prices are a reference for a private offer, not a promise of one.

What royalty should I ask for?

The royalty is a share of production paid to you, and it is negotiated: Texas sets no minimum for a private lease. Common figures run from one-eighth (12.5 percent) to one-quarter (25 percent). Compare the offer with the royalties on the county page, and read how the lease figures it: a royalty worked out after costs can pay much less than the same percentage worked out before them.

How Texas oil royalties are calculated

Can the company take costs out of my royalty?

It depends on the words of the lease. The Texas Supreme Court has held that a royalty on “market value at the well” allows the operator to subtract the cost of getting the product to market (Heritage Resources v. NationsBank, 1996), and that wording which keeps costs off the royalty is enforced as written (Chesapeake v. Hyder, 2016). That is why the scan quotes the sentence of your lease that sets the royalty and says which of the two kinds of words it has.

What is a Pugh clause?

A Pugh clause releases the part of the leased land that is not in a producing unit when the first term ends, so the company cannot hold all of your land with one well. Some versions release land by depth, others by area. If a lease has none, the scan lists it as a protection you can ask for, and if the lease only names the clause without wording that does the work, it says so and quotes the sentence.

What does a 3+2 lease mean?

A three-year first term with an option to extend for two more years, usually by paying another bonus. During the extension the land stays leased whether or not anything is drilled. Read the option: how it is exercised, by when and at what price. The scan flags a short term with an option to extend and quotes the sentence.

Can I change the lease before I sign?

Yes. The lease you are sent is a form the company drafted, and owners negotiate the bonus, the royalty, the term and clauses such as the Pugh clause. A company will often agree to changes it would not offer on its own. Members can write a counter-offer letter from the scan that raises the clauses they choose and asks for the bonus and royalty they want.

Are the shared offers real, and is my offer private?

Shared offers are typed in by owners and read by a person before they count. A county range appears only when there are at least three approved offers from at least three different people, and one offer is never shown. The form does not ask your name or the address of the land, and the company name is kept for the reviewer only.

What does the scan cost?

A free account can scan one lease and sees each flag with the sentence of the lease it matched. Membership scans as many leases as you have, explains each clause in plain words, gives wording you can ask for, and writes the counter-offer letter. Comparing an offer with your county is free and needs no account.

Pricing

What does the clause scan do, and what does it not do?

It reads a lease against a checklist of clauses that matter to royalty owners, quotes the exact words it finds and says when it could not read a page. It reports wording. It does not decide what a clause does on your particular land, and a clause it does not find is one it did not find, not one that is missing.

Signed already? Check that the first check is right.

Once a well is drilled, the first check is due within 120 days after the end of the month of first sale. The well watch tells you when that date is.