With a process as complex as oil and gas law, a firm well-versed in oil and gas law is a necessity. As a firm who understands oil and gas law in Montana and North Dakota, Silverman Law Office, PLLC is prepared to take care of all your oil and gas concerns by helping you navigate the process of protecting your rights through the formation of royalty trusts or various legal entities, drafting leases, or assisting with working interests. Additionally, our oil and gas attorney takes into account both your long-term and tax concerns when handling your mineral matters. Proper handling of oil and gas transactions up front can help prevent potential problems or litigation later.
Montana Plays an Important Role in the Energy Industry
For many Montana families and businesses, the oil and gas industry is a way of life. According to the Montana Petroleum Association, the state produced almost $90 million worth of oil and gas in 2015 alone. The industry provides 29,000 good-paying jobs to our communities and contributes a significant portion of the state’s taxes—helping improve schools, roads, and other services.
Whether you are drilling a traditional oil well or involved in hydraulic fracturing, you are a vital part of Montana’s economy and culture. At Silverman Law Office, PLLC, we help businesses and families navigate the complicated process of managing and protecting their oil and gas rights. Whether you’re looking for assistance with a tax issue, a lease, or a title investigation, we can help.
Oil and Gas Lease Agreements
An oil and gas lease gives you a binding, legal interest in a property’s mineral and petroleum assets. They are the foundation of most oil and gas ventures. Landowners who enter leases with oil and gas extraction companies typically receive compensation in several forms:
- Bonus payments paid at the time the lease is signed
- Lease payments maintaining the validity of the lease, even if there isn’t active drilling
- Royalty payments of a percentage of the profits from the oil and gas extraction
Most oil and gas leases are term-based and will eventually expire. However, it’s important to negotiate favorable terms into your lease from the very beginning. Otherwise, you might lose out on valuable compensation or find yourself in a bad business relationship.
When you work with an oil and gas attorney at Silverman Law Office, PLLC, we’ll ensure that you understand the proposed terms of an oil and gas lease, negotiate on your behalf, and enforce your lease interests in court if necessary. Our lawyers handle a wide variety of oil and gas lease issues, including lease creation, dispute resolution, and litigation. We also assist individuals and businesses with surface right issues, including pipeline right-of-way agreements.
Oil and Gas Royalty Trusts
A royalty trust is a form of corporation whose sole purpose is the distribution of oil and gas royalties. Compared to other business organizations, royalty trusts have distinct tax benefits and can help you avoid the traditional double taxation of a corporation. However, forming a royalty trust isn’t a simple process. For example, some royalty trusts require SEC disclosures and compliance.
At Silverman Law Office, PLLC, our clients are skillfully guided through the regulatory process of establishing a royalty trust. Once your trust is formed, we can also help you comply with state and federal laws and regulations that control its operation. For more information about our comprehensive royalty trust services, schedule an appointment with an oil and gas attorney today.
Oil and Gas Title Examination and Opinions
We understand the importance of a thorough oil and gas title examination. Any time you are involved in a merger, acquisition, or financing project, you’ll need a clear title. At Silverman Law Office, we help our clients with a wide variety of title issues, from the simplest searches to the most complex. Our goal is to efficiently assess as well as document the chain of title, create a clear and enforceable title opinion and division order, and protect our clients’ financial interests. When we discover defects in a title, we work closely with our clients to cure them.
Regulatory Affairs, Lobbying, and Strategic Planning
The oil and gas industry is carefully regulated and constantly changing. We know that our clients need to understand how oil and gas administration, legislation, and regulation are evolving in Montana and at the federal level. This includes issues involving the following:
- Energy policy
- Environmental protection
- Mining standards and regulation
- Public land issues and zoning
- Water safety
We carefully monitor the status of pending bills, regulations, and other actions that might impact our clients’ long- and short-term oil and gas interests. Based on this information, we help our clients plan for their futures and craft strategies to protect their oil and gas ventures.
Oil and Gas Litigation and Dispute Resolution
Oil and gas disputes are sometimes inevitable. However, when they occur, you need a skilled oil and gas lawyer at your side. At Silverman Law Office, PLLC, we strive to resolve disputes as quickly and effectively as possible, protecting our clients’ interests every step of the way. Contact us if you have issues involving the following:
- Breach of contract
- Environmental violations or contamination
- Federal or state regulatory matters
- Pipeline rights of way and condemnation
- Quiet title actions
- Royalty disputes
- Tax issues
An oil and gas attorney at our office will help you understand your legal rights, thoroughly develop your claims, and advocate on your behalf before state and federal courts, administrative bodies, and agencies.
We pride ourselves on our tireless legal advocacy and aggressive litigation strategies. For a personalized and confidential consultation, request an appointment with an oil and gas attorney at Silverman Law Office, PLLC. We look forward to discussing your claims with you, as well as outlining our approach to oil and gas litigation.
Request a Consultation With Our Oil And Natural Gas Attorneys
Silverman Law Office, PLLC serves Montana’s oil and gas industry and offers comprehensive legal services for both individuals and business organizations. If you’re ready to learn more about our services, request a consultation with an oil and gas attorney today. We look forward to hearing from you.
Common Disputes In Oil And Gas Agreements
Below, our oil and natural gas lawyer answers some of the most common questions related to oil and gas agreement disputes to help landowners and companies better understand how to protect their interests when things go wrong. Oil and gas operations rely on detailed contracts between landowners, producers, investors, and operators. Despite clear intentions, disputes often arise due to unclear terms, differing interpretations, or changes in market or environmental conditions.
What Are Typical Royalty Disputes Between Landowners And Operators?
One of the most frequent disagreements we see involves royalty payments. Landowners often question whether they are being paid fairly and whether deductions for post-production costs are allowed under the lease. In many cases, royalty clauses are vague, which leaves room for misinterpretation. All parties must review the lease language carefully to determine what expenses can be subtracted and whether the royalty is based on gross or net proceeds. Disputes like these often require an audit of payments and an in-depth review of lease provisions.
How Do Parties Disagree Over Lease Termination?
Lease termination disputes usually concern whether the producer has met the production or development requirements. If there’s no drilling activity or commercial production by a certain date, the lease may expire on its own. However, lessees sometimes argue that certain activities—like preparing a site or performing maintenance—should be enough to extend the lease. According to our oil and natural gas lawyer, this leads to conflict when the landowner wants to lease to a more active developer. These disagreements can be avoided with clearly defined performance terms in the original contract.
Why Are Joint Operating Agreements A Common Source Of Conflict?
Joint Operating Agreements (JOAs) outline how multiple parties will share costs and revenues during oil and gas production. Disputes typically happen when one party believes another has failed to meet its financial or operational obligations. Arguments can also arise over who controls day-to-day operations and how decisions are made when work needs to be scaled up or down. When responsibilities aren’t followed, it can delay production and increase costs for all parties involved. Proper enforcement of contribution and decision-making clauses is key.
What Happens When There Are Issues With Surface Use And Damages?
Surface use disputes are common when oil and gas operations interfere with land used for farming, ranching, or residential purposes. Even if mineral rights are leased, the surface owner may suffer damages due to spills, road construction, or equipment. If the agreement doesn’t provide clear compensation terms for surface impact, landowners may take legal action. In many cases, courts look at what’s considered “reasonable use” of the land under state law, but having detailed surface damage clauses upfront helps avoid later problems.
Can Title And Ownership Disputes Delay Production?
Yes. Disagreements over who owns the mineral rights, or what share each party is entitled to can delay or halt drilling entirely. These disputes often stem from unclear deeds, inheritance claims, or fractional interests passed through generations. Without a clean title, companies may hesitate to invest in exploration or production. In these situations, a quiet title action or division order may be required to settle ownership before operations can move forward.
Contact Us Today
Oil and gas contracts are often long-term commitments involving significant financial interests. Disputes may arise even with the best intentions, which is why every party involved must review the terms carefully and address unclear or missing provisions early. Since 2012, our team at Silverman Law Office, PLLC has worked with producers, landowners, and investors to address and resolve disputes tied to royalties, performance, operating duties, and ownership rights. If you’re facing a disagreement over an oil and gas agreement, our experienced oil and natural gas lawyer can help you move forward with confidence.
