If you are a working interest owner in a well drilled to a depth of 7500 feet, can you lease your land below that depth or is your land HBP? What terms in the unit order would let you know if this is posible to lease deeper.

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If you are unleased you can lease to anyone at anytime. I believe you would want to exclude the surface to 7500 feet from your lease, but you could be unleased for what is in production and leased below it. The unit order does not control your ability to lease. The only problem could be if you were leased had a well and no depth limitation in the lease after the primary term. Only in that case would you be HBP. HBP refers to a lease not an unleased tract.
Jim You are correct. I should have listed this as unleased mineral owner with a producing well in the unit.
I assumed in my response that you were asking as an unleased mineral owner. I also assumed that you had not signed a joint operating agreement that would possibly restrict your options. As Mr. McConnell indicates your situation is different if you have executed agreements with the Operator or acquired only an interest in the existing well from the surface to 7500 feet.
No executed agreements with the operator due to an error in title search. Just recently proved to operator that title for mineral rights was correct making me an unleased mineral owner in a unit with a producing well. What are my options for present well, and for the ability to lease beyond 7,500 foot depth?
Thanks Jim.

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