Replies to This Discussion

Permalink Reply by The_Baron on December 4, 2008 at 3:57

IT needs to be said, that unitization effects a mineral servitude diffrently if the unit well is inside or outside of the servitude.

If part of a tract is unitized, and the unit well is not on the tract with the mineral servitude, only the part of the tract in the unit will have an interuption in prescription. But...with the same senario where only part of a tract is in the unit, but a unit well is on the tract, prescription is interupted for the WHOLE tract.

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Permalink Reply by Wilmer Sparks on December 4, 2008 at 3:55

Mr. Snake:

Politicians always tend to make things too wordy and use too much legalese language. The scenario set out in your original question supposes that Company X drilled a dry hole on acreage that you own which is burdened by an existing servitude. This well was drilled while the servitude was still in effect. The legal definations provided by Mr. KB can be explained in the following layman's terms.

Assuming that Company X's drilling operations were conducted with the utmost of honorable intentions, then the mineral servitude that burdends your acreage would be interrupted the minute that the bit touched the surface of the earth. This would be the date of interruption and the servitude clock would stop ticking on this date. (For this scenario lets use a date of January 1st)

Company X continues good faith drilling operations for the next several months. They reach their target depth on October 30th of the same year but find no commercial production (sorry Snake) and cease all drilling operations on this date. They then begin the process of rigging down. October 30th would then be the date that one would use for determining the commencement of the running of prescription and the owner of the mineral servitude that burdens your acreage would receive a new ten years in which to explore his minerals.

The date for the cessation of operations is not normally found on SONRIS or SONRIS Lite. One would have to review the well file for that particular well to find out this date.

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Permalink Reply by ELLIS HUGH on December 4, 2008 at 4:22

Wilmer S:

Very well stated. Thanks for the "layman's" explanation.

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Permalink Reply by The_Baron on December 4, 2008 at 4:49

exactly. Also..as I stated above it is important to see how the tract falls into the unit boundries.

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Permalink Reply by Bobi Carr ("parker") on December 4, 2008 at 6:07

And the unit may not show up by searching S-T-R on Sonris Lite.

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Permalink Reply by The_Baron on December 4, 2008 at 6:15

It may take some digging, but all the unit orders will be in the black book index on SONRIS, The orders themselves are scaned in. DO NOT TRUST the HA unit overlay on the gis maps.

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Permalink Reply by Bobi Carr ("parker") on December 4, 2008 at 6:27

I'm still working on understanding this.

Where on Sonris?

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Permalink Reply by The_Baron on December 4, 2008 at 4:48

YOu can get the P&A date from SONRIS. This would be the best date to use.

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Permalink Reply by Snake Stewart on December 5, 2008 at 1:12

Thanks Mr. Sparks.

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Permalink Reply by The_Baron on December 4, 2008 at 5:59

To clarify an earlier argument, reworking does interupt prescription.

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Permalink Reply by The_Baron on December 4, 2008 at 6:02

Also a shut in well proved capable of producing in paying quanities by production test will interupt prescription,

the interuption date in this case is the date of the production test.

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Permalink Reply by P.G. on December 4, 2008 at 6:28

What about those situations where minerals are HBP where one has included several pieces of property in one lease, not necessarily adjoining each other? Like one leased without a horizontal pugh clause or what ever it's called? Say property which is located miles from each other. Couldn't one strategically use that maintain possession of mineral rights past any prescription if only one well was drilled on the lease at one location?
Wasn't it Kassie who was caught up in something like that?

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