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 call that - Waiting on completion
I hope your dry-hole is right. My royalty checks aren't as happy.
Reply by KB 20 hours ago
And, I agree with your analysis so long as the well is not capable of future production and truly is a dry hole.

Good morning everybody,
How do I know if the well is capable of future production or if it has been named for future utility ? And how would that affect precription ?
Graysands started a discussion,DRY-HOLE FUTURE UTILITY, that may answer that question for me but I wanted to tag this discussion as well so it didnt get lost in the shuffle. Too much good info from you guys.
Thanks

P.S. Hey Jay, this could be a GEO question too, I think. Jump on in if your feelings aint still bruised from havin' to wait on the landmen.(LOL)
KB:

Whenever one get concerned about 'what's happening' with a well that is classified as shut-in that has no further entries in the well file, I would always point them to the district office level. Any operation that could possibly constitute good-faith operations to produce or to restore production is going to require a work permit. Those permits are filed at the district level, at the minimum. Some paperwork does not get forwarded to the LOC level, and sometimes paperwork does not get forwarded to the LOC level that should have (although this is pretty rare on the whole).

When we do research for clients, (lease checks, mineral history, etc.) for clients, and we come across these situations, it also helps to have a general outline from the courthouse research to check against. Sometimes a shut-in (FU) well is just a well that should have been plugged at some point earlier, but has never been, and the last operator of record is the party responsible to P&A the well. Sometimes the paperwork in the well file is not up to date and the appropriate Change of Operator form has not been submitted, even though an assignment has been filed of record. With older wells, some of these "Code 33s" simply stay in shut-in limbo (some times many years) until a District representative gets called by a landowner or other interested party to investigate the problem.

In general, you want to find the date of last operations on the well that would constitute an interruption of prescription. So, on preliminary research, you note the existence and status of the shut-in (FU) well, then investigate further depending on how much and in what way(s) the presence of that well may affect your mineral and/or leasehold title. At that point, you want all the facts of record (LOC, District files, courthouse research) before presuming to make a determination. If it's still a gray area, consult with an appropriately licensed attorney specializing in these issues.

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