Wyoming Tips

Surface Use Agreements

Wyoming landowners facing potential development on their lands should fully appreciate and realize the powers afforded to them under Wyoming’s Split Estate Act, W.S. § 30-5-301 et seq.

In Wyoming, as elsewhere, the mineral owner has the right to enter onto the surface of the land, whether they own it or not, to conduct oil and gas operations.  Under the common law, oil and gas rights are referred to as the “dominant estate.”   This legal doctrine can create problems when the owner of the mineral rights does not own the surface. 

Estate Planning and Administration

When someone dies without a will, Wyoming’s Intestate Succession Statutes dictate where the property will go.  Many are unpleasantly surprised by what those statutes provide. 

Deductions Under the Wyoming Royalty Payment Act

The Wyoming Royalty Payment Act, W.S. 30-5-301 et seq. is a powerful tool for owners of royalties and overriding royalties in Wyoming.  It is said that, in time before the Act, Operators often began producing long before completing title examination and, consequently, often failed to pay royalties until long after production began.  When asked to pay, an operator might have required a royalty owner to provide their own title opinion to prove ownership.  What’s worse, when payments finally came, royalty owners were often shocked to see the number and size of deductions that were taken by the operator.  In one anecdote, it is said that a royalty owner received a check showing a that they owed money to the producer. 

Real Estate Transactions

Real Estate agents provide a tremendous service in assisting those looking to buy or sell property, and to make sure the right price is achieved.  But if you’ve already got a buyer and price in place, you can save a significant amount by having a law firm prepare the paperwork.