Nonownership Theory – used in a minority of jurisdictions, holds that the owner of a severed mineral interest does not have a present right to possess the oil and gas in place but only to search for, develop, and produce it

nonownership theory:
(1922)

1. Oil & gas. A characterization of oil-and-gas rights used in a minority of jurisdictions, holding that the owner of a severed mineral interest does not have a present right to possess the oil and gas in place but only to search for, develop, and produce it.  *  Because there is no right to present possession, the interest of such an owner in a nonownership-theory state is akin to a profit a prendre: a right to use the land and remove items of value from it. This theory is used in California, Wyoming, Louisiana, and Oklahoma.   See also OWNERSHIP-IN-PLACE THEORY.

References:

Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

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