Could partition lead to losing mineral rights?

Family owns property in Desoto Parish. Leased out to EXCO with producing wells. Some of the siblings want to partition the property. If this goes to court could we lose the mineral rights? We don't want to lose the royalties we are being paid.

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landownerPermalink Reply by J B Nabors on August 18, 2015 at 11:08
Re: "... even family partitions can get hairy..."

No kidding! Here we have 10 family members and ALREADY 3 separate attorney groups. At $250 / hour, that is 'eating' 1-2 acres per week.

( I would let the petitioners pay for the appraisals and the surveys! -- as well as their legal representation. )
Permalink Reply by Cindy R on March 31, 2020 at 1:42

How far do you have to be from a well site to build a permanent residential structure?


Oil & Gas ProPermalink Reply by Skip Peel - Mineral Consultant on March 31, 2020 at 1:53

I don't think there is a set back requirement for an inhabitable structure from a well pad.  At least I've never heard of one.  If a well pad is in existence first, I don't think an owner of a residence built later could require any sound wall or other privacy measures of the well operator.  Check with your municipal or parish government.

Permalink Reply by Cindy R on March 31, 2020 at 8:51

Thank you for your reply. 


Oil & Gas ProPermalink Reply by Dion Warr, CPL on March 31, 2020 at 3:19

Cindy R:

Have to be?  Depends upon what it would take from a local planning & zoning and/or building permit process to say.  As Skip alludes, the burden is upon the surface / mineral owner to seek proper spacing as the well was there first in this scenario.

Traditionally, shallow well leases / old leases set a minimum of 200' from any residence or occupied structure (barns, etc.).  To obtain a deeper well / higher potential well pressure permit, the state requires a minimum of 500' from any such structure without the necessity to obtain waiver(s) from any affected owner(s).  I would definitely recommend being at least that far away, and if available separate access to the structure (not requiring passers-by too near the pad).

Permalink Reply by Cindy R on March 31, 2020 at 8:51

Thank you for your reply.

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