Replies to This Discussion

Permalink Reply by Skip Peel - Mineral Consultant on January 28, 2011 at 2:58

I suggest that you call the operator and ask who they show as the ownership interest for your surface tract.  It is entirely possible that you or your family has not received royalties because you do not own the minerals.  Before you spend money with an attorney, you should check to see if a mineral servitude was granted in the past and whether continuing production may have maintained that survitude.  The owner of the servitude would have received any royalties from production for that tract.

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Permalink Reply by Iriah Whittington on January 28, 2011 at 3:17

That all sounds very interesting and I'm not sure what that all means.  If you would, please give me a for instance on how that would have happened.  I will tell you a little about the recent past on the land and you tell me if it fits.

 

The well I'm referring to has been in production since 1985 and I know my grandfather purchased the land sometime in the early to mid 70's that I recently leased to Chesapeak last year for oil and gas. 

 

You seem very knowledgeable on all this and I appreciate any help you can throw my way.

 

Thanks again

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Permalink Reply by Skip Peel - Mineral Consultant on January 28, 2011 at 3:42

Iriah, LA. mineral law does not allow for a perpetual severance of the mineral estate from the surface estate.  When LA. minerals are "sold" actually what is conveyed is the right to develop minerals underlying the surface.  The legal term is prescription. That right is in force for a maximum of ten years during which time only good faith efforts to develop or production in paying quantities will reset the time period.  A continuously producing well can hold a servitude and old lease in force for a long time.  During that time the servitude owner would be receiving the royalties, not the surface owner.   Obviously there are details yet to be posted by you that are pertinent to the correct answer to your questions.  Unfortunately I can not give them today as I am walking out the door headed to a meeting with some rainbow trout in the Ouachita Mountains.  There are a number of knowledgeable members who can help you from here if you will give them some details.  After you've completed this discussion you should have a better idea of your situation and can then make a more informed decision regarding legal assistance.  I strongly suggest that anyone dealing with mineral questions speak with an experienced O&G attorney.  Good Luck to Ya.

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Permalink Reply by Iriah Whittington on January 28, 2011 at 4:14

I'm game.  Let me know what details you need and I'll do my level best to provide them to you.

 

Good fishing and thanks again

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Permalink Reply by The_Baron on January 28, 2011 at 4:20

Its possible that you are not in the unit for the producing well or it may be a lease well.

 

 

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Permalink Reply by Henry on January 28, 2011 at 4:33

Iriah,

If you don't mind, why don't you tell us your section, township, and range?

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Permalink Reply by Iriah Whittington on January 28, 2011 at 5:46

My Section Township and Range are 004  07N  13W 

There are several producing wells on this section.  I recently leased my interest in the undivided property that's just a little over 15 acres which is around 200 ft from a producing gas well which is definitely in my section township and range.

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Permalink Reply by The_Baron on January 28, 2011 at 6:23

All these wells are either in a Voluntary unit or lease wells.  I have not looked at the field orders for any of these wells or your filed, but just at a glance they are all pretty shallow and probally being driled on 40 acre spacing. Its not hard to believe that you would not be in any of these wells.

 

Try pulling the unit orders for the field and  the wells closest to you and see what they say.

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Permalink Reply by Iriah Whittington on January 28, 2011 at 6:34

I'm fairly new to all this so if you could instruct me as how to find the unit orders I would greatly appreciate it

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Permalink Reply by Mac Davis on January 28, 2011 at 9:02

Baron's probably right.

 

Unitizing or pooling gas production on a 1 square mile section is the way things are usually done in Haynesville Shale gas.  Everyone in the section shares the revenue. 

 

Lots of older wells in different formations were done in smaller units or pools.  In one of these formations, your neighbor could have a well producing oil or gas from under his land and not draw minerals from under your land, so you wouldn't get a share of the revenue.

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Permalink Reply by Iriah Whittington on January 28, 2011 at 14:37

On one of the older well sites would there be an alotted (say 10 yrs)  time after which the revenue would be shared.  Today I went and pulled the aerial property map of my section  at the Hall of Records and I pulled my grandfather's original deed.  Which shows him purchasing this property in 1965 which is 20 yrs ahead of the production report which shows the well in question started in 1985 and is around 200 ft from my property line.  Also when I looked up the individual that according to Sonris has a gas well on this section the Hall of records showed no property ownership for this section by this individual.  The land where the well is on the aerial map shows it belonging to Boise which is a timber contractor but I saw him about a month ago with my own 2 eyes checking up on it just the same.  Any thoughts?

Permalink Reply by Linda Whatley on January 28, 2011 at 4:38

Hope you catch a BIG one Skip!!!!  Enjoy your weekend.

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