The term royalties is used interchangeable to mean either oil and gas mineral interests, royalty interests, or overriding royalty interests. These three interests are similar in that they all receive revenue from the production of oil and gas from a well. They do not pay for drilling or the monthly operating expenses of the well. There is a small difference between mineral interests and royalty interests, and a greater difference between mineral interests and royalty interests and overriding royalty interests.
Mineral interests and royalty interests both involve ownership of the minerals under the ground. The main difference between the two is that the owner of a mineral interest has the right to execute leases and collect bonus payments and the owner of royalty interests does not execute leases or collect bonus payments. They both receive a portion of the income once the well is producing, but only the mineral owner receives an up-front bonus payment.
Overriding royalty interests do not require ownership of the minerals under the ground. They require ownership of a portion of the revenues generated from the production of oil and gas from a well. Like mineral interest and royalty interest owners, the owner of override royalty interests also receives a portion of the income from the production of oil and gas. The main difference is the owner of an overriding royalty interest does not own the minerals under the ground, only the proceeds from the production of minerals. Once the lease has expired and production has ceased, the overriding royalty interest expires. The owners of mineral interests and royalty interests maintain their ownership after production ceases.
An example of this would be: Bill Smith, a geologist, assisted securing leases for a well that XYZ Oil and Gas Company is going to drill. Instead of receiving a cash payment for his services, Bill may choose to receive a 1% overriding royalty interest in the well. This means, if the well is successful, Bill will receive 1% of the revenues generated from the sale of the oil and gas from this well.