O.K. guys and gals. I have a friend that ran a scenario by me that I need your help on. You
know I dont like to admit that I dont know something so please be gentle. I know we have covered some of this before but just humor me. There is a method to my madness. This isnt a trick question and any comments will be greatly appreciated.
Here goes.....................

I am going to buy a piece of property consisting of 10 acres. I agree to purchase said property with 50% of the minerals being retained by the current owner. I will get the other 50%.

Lets say ole Snake gets a well drilled just as soon as he buys the property. Some cats out of Houston jack up the frac and ruin my well.( just kidin' Houston ) We have to cap the well without ever receiving any royalty whatsoever.

Time moves ever so slowly forward.5 1/2 years pass by and I find someone else willing to give me a lease. I am now, through the magic of HS, at the end of said lease.I have now owned the land for 10+ years. I have never received any royalty whatsoever.


In the State of Louisiana......Is there any reason in the world that I would not now own 100% of my minerals ?

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I would have to give you a location, for your charts and graphs to work, and that is top secret at this particular moment. I will give the Geo's a shot after I know if my hunch is correct or not.
Are you sure this isn't a trick question?
I would say you own them 10 years after the well was plugged and abandoned. Or 10 years after they have made any attempt to produce from a unit that the property is a part of.

But this is my opinion as a non-professional.
Snake,

Of course the owner that sold you the property may not have owned them and they were held by production from a well from the 40's. The reason you got a lease was because Twin Cities did the title work.
That was a good one Parker. But lets say the title seems to be good and I am not HBP.Is there any scenario that would then keep me from owning 100% ?
Snake,
You say the well was drilled as soon as the propery was purchased. And then plugged and abandoned. And then 5 and 1/2 years pass and no royalty is paid. In my humble opinion, there are still 4 and 1/2 years before 100% of the royalty go to the present surface owner. I realize I could be wrong. Let me know. Don't really understand, you state that after 5 and 1/2 years pass by, you have owned the property for 10 years. This is the part that confuses me. If it had been 10 years after the plugging of the well, then I would say you would own 100% of the minerals.
BirdDawg,

That too is my opinion. (unless they went back in at any time and did any fiddlin' thethe minerals - in that case it would be 10 years after the fiddlin'.

How's fiddlin' for professional terminology,
I guess I was trying to state that two totally separate leases have transpired. The 5 1/2 years was total time after sale. Entering current 3/2 lease that is fixing to expire. Putting total time of ownership over the 10 year mark. If no royalty was ever paid , does fiddlin' count ?
I guess fiddlin could count depending on the wording of the lease document for lease purposes but not for ownership, would it ? 10 years would be 10 years for percentage purposes wouldnt it , even if I can be held on the lease .
It is my understanding that any work on a well that is an attempt to produce will interupt the running of prescription and start the 10 years all over again.
The issue is not Royaltys being paid.

A bona fide attempt to find minerals must be done. a dry hole counts, and would interupt prescription (another 10 years)

And parker, I do not believe an attempt to rework an old non producing well would count, unless the well was deepend.
Also, if you owned the minerals, and they are set to expire in one year, Any lease you sign would be valid only for the time you own the minerals. Unless a well is drilled in the time you still own the minerals, the extra time on the lease is worthless. You can't lease what you don't own.

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