unaccrued royalty

An expression criticized its inept and self-contradictory. It would seem that the expression is a contradiction in terms; and in fact the right to share in oil that may be produced accrues immediately upon delivery of the lease. Apparently what is meant by “unaccrued royalty” is a supposed interest in unpossessed oil in the ground, which is, of course, real estate. Upon principle, however, it cannot be said that one has any title to oil in the ground simply because, its beneficiary of an oil contract, he may become entitled to a share of oil reduced to possession. To say that a lessor has title to oil in the ground by reason of his royalty interest is to confound his title as landowner with his rights under the lease. Anne: 90 ALR 771.