Replies to This Discussion

Permalink Reply by Skip Peel - Mineral Consultant on August 7, 2015 at 10:51

Wendell, you are referring to "prescription of a mineral servitude".  Andrew has a couple of excellent blogs on LA servitudes in the site archive.  The short answer to your question is that prescription is interrupted by a good faith effort to produce (drill a well).  If the well is productive, the prescriptive period of 10 years is suspended and begins to run again from day one on the day the well ceases to produce.  If a well is drilled and it is dry and plugged then prescription begins anew from the day the well is P&A'ed. 

No other activity will suspend prescription.  A drill bit must hit the dirt prior to day 3651.

Link to Andrew's Servitude blog: 

http://www.gohaynesvilleshale.com/profiles/blogs/what-is-a-servitude

Permalink Reply by wendell Frazier on August 7, 2015 at 10:55

Skip, Thanks for the info.

Permalink Reply by Skip Peel - Mineral Consultant on August 7, 2015 at 10:57

You're welcome, wendell.