Basic Info I. Reservoir must have these characteristics: a. Porosity: higher the better; void space between grains of sand b. Permeability: holes must be interconnected II. Oil and gas is fugacious c. Constantly on move d. Once trapped in reservoir, fairly stable till drilled
Property Rights III. Ownership e. Possession is key. f. CL : Heaven to hell IV. Absolute Ownership (TX / Maj) g. Basically HTH; gas migrates so qualified by ROC h. FS estate in reservoir BUT only FSD in o&g i. corporeal V. Morphing Interest j. Exists as real prop when underground, minute its extracted becomes personal prop. VI. Non-Ownership Theory k. Basically, ROC concept. Must reduce to capture to own minerals i. Don’t absolutely own it till you capture it l. Only own right to remove og not own minerals m. Incorporeal n. Profit a pendre: like easment, have excl. right to take and you have int. VII. Rule of Capture o. Even though you own minerals under your land, still subject to ROC p. Not liable for taking and converting q. Encourages exploration r. Remedy – self help (must drill you own well to get a share) s. Frac job ii. SC generally says fj can be claim of subsurface trespass VIII. Correlative Rights Doctrine t. Limitation to ROC – must balance with it u. Equitable: recog. That underlying elements in common res. Where many can benefit. iii. Ones action can affect rights on anothers land. v. Duty not to engage in act. That would injury common res. (overproduce or too many wells) iv. Ex. Massive blowout caused by neg. w. Each has opp. To produce what is under our land. x. Must act in legit lawful way to ext. y. Perman. Damages awarded IX. Drilling regulations z. Reg. by state: TX RRC X. Damages (2 types) {. Permanent: before / after value |. Temporary: occurring during continuance of incident value of fas while spewing) }. Can get BOTH at same time XI. Sub-surface storage ~. Once you remove personal prop. . No right to royalties if it is coming from the stored res. of another. XII. Classifications & Consequences – Bundle of Sticks . Mineral Estates: v. Explore & develop vi. Execute lease vii. Receive bonus viii. Receive delay rentals ix. Receive royalties . OG int. may be owned by many x. Fractionalized int. is RULE NOT EXCEP. . Rights with whats under your land: xi. You can remove and recover yourself you bear all costs and recover all profit xii. You can execute leasehold int. gives excl. rights to go on, sever and produce for certain period of time. xiii. You could give mineral int reserve right to sever and remove while granting land to someonelse xiv. Royalty interest: if production by lessee, royalties paid to landowner. xv. Can also grant: 1. Surface and min. estate owned by two entities (two distinct and separate FS estates) 2. Can convey ½ of minerals and be co-T XIII. Corporeal v. Incorporeal . Corporeal Int. xvi. FSA (fs absolute) 3. Cant abandon a FS in TX but can lose title to AP xvii. LE (possessory int.) xviii. Cant lose this except for AP . Incorporeal Int. xix. Easement (non-possessory) xx. Profit a pendre xxi. Subj to abandonment . Difference: can abandon incorp. XIV. Surface & Sub-Surface Trespass . T who drills a dry hold is liable to owner of ME even if done in good faith. . Concurrent Ownership: equal right to possession, undivided in the whole. xxii. Not liable as long as you don’t deprive coT of possession
Jasmine Crutcher MEMORANDUM OF LEASE AGREEMENT U.S. GAAP classifies leases in two types: operating and capital. A lease that transfer substantially all the risks and benefits of ownership is in economic substance a purchase by the lease and a sale by the lessor, this is a capital lease. A lease that does not transfer substantially all the risks and benefits of ownership is classified as an operating lease. In order for a lease to be considered a capital lease it must meet and one of the following…
The most recent Leases ED has considerable difference from the August 2010 draft. The May 2013 draft will affect lessees and lessors. According to FASB, “Leasing is a means of gaining access to assets, obtaining financing, and reducing an organization’s exposure to the risks of asset ownership.” Companies lease items such as real estate, vehicles, and equipment. Since leasing is so prevalent in the accounting makeup of a company, it is very important for users of financial statements to have…
Shoppers’ financial statements, the Company leases most of its store locations and office space. Leases that transfer substantially all the risks and benefits of ownership are recorded as financing leases, and are included with property and equipment, accounts payable and accrued liabilities and other long-term liabilities as applicable. All other leases are considered operating leases and the related rent is expensed on a straight-line basis over the term of the lease, any rent-free periods are also amortized…
Estate Finance – Exam 1 Study Guide 1. The difference between real and personal property a. real estate – property that is tangible, land and/or improvements permanently attached on or to the land (non-movable) b. personal property (personalty) – all intangibles and movable things 2. What is meant by an estate a. Everything a person owns, to include real and personal property b. Real property = deed, personal property = bill of sale 3. The types of estates and the various interests one can acquire…
Issue: Sub-leases Analysis: Lease income relates to income from the sub-leases on the two locations where ABL sub-lets excess building to other businesses. Sun is looking to cancel these sub-leases with the sub-lessees. Under ASPE, a capital lease must meet both criteria, which are the credit risk associated with the lease is similar to other comparable receivable and the un-reimbursable costs incurred by the lessor can be reasonably estimated. However, the information given about sub-leases is inadequate;…
Studies SOLUTIONS Case: Accounting for Lease Extension (Revised and updated 5/2013) Jack leases an office building from Jill. The lease is classified as an operating lease under the guidance of ASC Topic 840, Leases. The lease does not include any renewal options upon the expiration, but Jack is in the process of negotiating an extension of the lease. Jack proposes to make a single up-front payment of $1.2 million to Jill in exchange for an extension of the lease at the current rate for another 10 years…
RESIDENTIAL LEASE AGREEMENT This agreement, dated July , 2012 , is between Hillary Montgomery, Chris Riddell and John Craig, Jennifer Stuart 1. LANDLORD: The Landlord(s) and/or agent(s) is/are John Craig and Jennifer Stuart and will be referred to in this Lease Agreement as "Landlord." 2. TENANT: (Landlord) (Landlord) The Tenant(s) is/are: Chris Riddell and Hillary Montgomery and will be referred to in this Lease as "Tenant." 3. RENTAL PROPERTY: The Landlord agrees…
Midterm Essay Questions Legal and Ethical Environment of Business 1. Identify an action that would violate social norms but would not violate any laws. Can you identify any violation of law that would not violate any social norms? Not everything that is legal is also appropriate or morally correct. Not following the law has legal consequences like fines or imprisonment but there are no penalties for acting not according to social etiquette except maybe that people might see your behavior as rude…
recommend doing a lease because most leases mean the business could be forced to move with 30 days’ notice. While the original owner of the leased property may not ever do that, Crouser offers the idea of, what if the original owner passes and the heirs sell the property, then the business is out. Crouser also warns against a property owner who says, “Don’t worry about a lease.” Crouser states many instances where this has happened and the property owner was actively marketing the property and did not…
July 18, 2011 3 Subject: Leases and Lease Structure Issues 4 To: Regional Trucking Company 5 From: Bob Stanton This memo will cover the current practice and thought related to direct financing, sales type, and operating leases. I understad that Regional Trucking Company have limited time to cover all aspects of these areas. Disclosure Requirements for Capital Leases SFAS No. 13 also requires the disclosure of additional information for capital leases. The following information must…