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Permalink Reply by barneyfife on August 29, 2008 at 2:35

No it is not safe to assume that. You have to go to the courthouse and check for leases that might decribe that section and others. The other Sections might have production that could maintain the lease if there was no Pugh clause on the lease. You would also have to see if there were prior mineral reservations or transactions. If a larger mineral servitude was created, conceivably an interruption of the running of prescription could have occurred. Lastly the State or some governmental body may own the minerals.

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Permalink Reply by WHuguet on August 29, 2008 at 4:27

In a lot of cases where there isn't any drilling in the area and you are dealing with small tracts and you have owned it for 10 years you will likely be in the clear. But there are going to be a lot of surprises down the road due to shoddy land work.

It can be very involved. You need to check your prior title carefully for mineral reservations. There are some very old, large servitudes out there. Any good faith drilling or production from any part of that servitude will interrupt the running of 10 year prescription of non-use. Similarly with leases, you may own the minerals, but an old lease with no Pugh Clause may be held by production from drilling and production miles and miles away.

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