Our Texas Supreme Court in 2008 held that a frac that extends across lease lines underneath acreage not included in a unit or leased by the operator is not a trespass. See Coastal Oil & Gas v. Garza Energy Trust. They held it was simply an application of the rule of capture. They departed from 100 years of case law on the subject. The Supreme Court simply says it is up to the adjacent landowner/lessee to drill its own well to protect its interest under the rule of capture. Arguably, this would also apply to a UMO. Here is a link to the opinion.
http://www.supreme.courts.state.tx.us/opinions/HTMLOpinionInfo.asp?...
Tags:
"the implied duty to protect against drainage"
Which means that your lessee should be drilling to "capture" your minerals before the offset well can drain them? Do I understand that correctly?
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Posted by Char on May 29, 2025 at 14:42 — 4 Comments
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