Who owns the mineral rights...Pugh Clause and 10 year mineral rights...

In 1955 a landowner leases his mineral rights to 40 acres with a "Pugh Clause" specifing a depth 6000'. The O&G company create a producing well at 5500'. The landowner sells the 40 acres in June of 1976. In March of 1986 the orginal well is pluged and abandoned. In April of 1986 the orginal landowner signs a new lease for a well at 7300', the new well is drilled in December of 1986. Who owns the mineral rights for the new well? The orginal lease specified a certian depth. Does the new landowner own the mineral rights, after 10 years (June 1986), to everything below 6100'?

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If the well drilled in April 86 is still producing, the 10 years have not gone by without production. So the original mineral owner still owns all depths.
The new well was drilled in December of 1986. The ten years passed in June of 1986
Is it producing? You said the orginal was P/A in 86 and new one drilled in 86. Is is P/A too? and at what date?
The well from 1955 to 1986 at a depth of 5500 feet is no longer producing. It was P&A in March of 1986. The O&G company wanted to drill to at a deeper depth, past the "Pugh Clause". To do this, they had to sign a new lease for the deeper depth. This lease was signed two months before the 10 year period (April 1986). The new well was drilled in December of 1986 (four months after the 10 year period). It is still producing today. The question is...if you sign a mineral lease that has a "Pugh Clause" to a specific depth (say 5500 ft.)...do you still retain the mineral rights (10 years after you sell the property) to what is below that specific depth (Say 7000 ft.)? After 10 years, (remember the deeper depth is not in production) would the original owner lose their mineral rights on the deeper depth because of the "Pugh Clause" in their original lease? If not, why sign a new lease in 1986? Wouldn't the lease from 1955 still be ineffect?
Two months before the 10 year period? Wasn't the well still producing up until about then (1986)?
Prescription is for how long there is no production, not how long someone owns a property.
Who was the new lease signed with?

If the mineral rights were held by production down to a depth, then I don't see why the new owner couldn't sign a lease for a deeper well.
It's a good question!
Hmmm?
Does any production at all hold all mineral rights or just the ones that's limited by the lease?
Yes it holds all rights to China. My question is , were the mineral rights reserved in the 1976 sale of the property?
No the mineral rights were not reserved... But does that matter, remember the 10 year rule.
You ain't got nothing, crap, its gone in 1976. Ten years only comes into play when you reserve the minerals on a deed. If the transfer didn't reserve minerals then it sold with the deed, that is if the Grantor had them to begin with.
So if you sign a mineral lease with O&G company who produces a working well, and you receive royalties, then you sell the property without reserving mineral rights, does the lease and royalties automatically transfer to new property owner?
Yes

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