Written by attorneys · grounded in primary & secondary sources — see below
in oil and gas law
A fractional interest in an oil-and-gas lease that is free of some or all costs of exploring, drilling, and completing the well. The holder earns royalties on production but lacks a working interest until the carrying party recoups its costs and often an additional multiple of those costs.
Sources & Authorities
How it applies
Common Examples
6
Casing Point Carry Arrangement
Connor Clark transferred a fractional working interest in his lease to Cobalt Energy. Cobalt agreed to drill and test the well to the casing point at its sole expense. Once Cobalt recovered its drilling costs plus an additional twenty percent, Connor regained a full working interest and began receiving production revenue.
Client Objectives in Carry Negotiation
Charlotte Chung retained counsel to negotiate a carried interest in a new prospect. She instructed her lawyer that the carry must extend through completion and that she would accept a reduced royalty in exchange. The lawyer followed those objectives when drafting the assignment.
Servitude Interpretation of Carry
Caitlin Crowley granted a carried interest to Continental Bank under a recorded assignment. When a later purchaser disputed the scope of the carry, the court examined the assignment language and surrounding circumstances to determine that the carry extended only to the casing point.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Necessary Means to Execute Carry
Colin Chambers formed a partnership that used a carried interest to finance drilling. The arrangement allowed the partnership to implement its enumerated power to develop the lease by shifting upfront costs to the carrying party.
Partnership Formation via Carry
Clifford Cox and Cardinal Insurance associated to carry on oil and gas development as co-owners for profit. Cox contributed the lease while Cardinal provided the carried interest covering all drilling costs, forming a partnership under the statute.
Volitional Act Creating Carry
Camila Cervantes voluntarily assigned a carried interest to Cypress Technologies. The assignment reflected her deliberate choice to shift drilling costs rather than an involuntary muscular reaction or external compulsion.
Common questions
Frequently Asked
4
What costs does a carried interest typically avoid?+
A carried interest is free of some or all costs of exploring, drilling, and completing the well. The carry often extends only to the casing point, after which the carried party may bear its share of further expenses.
How does a carried interest differ from a royalty interest?+
A carried interest is a fractional working-interest share that becomes burdened with costs only after payout. A royalty interest is a nonoperating interest that never bears drilling or operating costs.
When does the carried party regain a working interest?+
The carried party typically regains a working interest once the carrying party recovers its costs plus any agreed multiple. Production income is then reallocated between the parties.
Is a carried interest used outside oil and gas?+
The term appears in private-equity and hedge-fund compensation, where managers receive a profits interest taxed at capital-gains rates. The core definition and examples remain grounded in oil-and-gas transactions.
L.R. 3 H.L. 330 (1868)Torts
…to do; for, according to the principle acted on in Smith v. Kenrick , the person working the mine had a right to win and carry away all the coal without leaving any wall or barrier. But that is not the real state of the case. The Defendants, in order to effect an object of their own, brought on to their land, or on…
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