Oil Gas and Minerals
Can a gas company sever my tract from the original lease without my consent?
I own a 12 acre tract, surface and oil and gas the tract is a divided portion of a 194 acre tract that has an existing lease in WV. There are two wells existing on the 194 acres that are not on my tract. I don't receive royalty from these wells. There are no pooling agreements in the original lease. The gas company wants me to sign a pooling agreement that states that all tracts will be merged and treated as if a well or wells were drilled on each tract. Does this give me a portion of the royalty for production on all parts of the 194 acre tract used in separate units. They have two pads under construction for horizontal wells on the 194 acre tract. They have signatures from all of the owners of the tracts within the 194 acres except mine. There permits show the use of parts of the 194 acre tract pooled with additional tracts outside of the 194 acre tract. They claim that without my signature that they can sever my portion of the tract out of the original lease and use the signed portions for creation of units involving tracts outside of the 194 acre tract. Can they actually do this or would it breach the original lease without the signatures of all of the heirs or assigns of the divided 194 acre tract.
What happens to a mineral rights lease after my husband's death?
When my husband passed away he named me as sole beneficiary to all of his property. I was told that. Since my name was not on the house (purchased before we married) or on the mineral rights lease, which he signed years after we were married, (and my name is NOT on, he said he was a SINGLE PERSON when he signed the lease and the document has that printed on it that he signed) that the lease became null and void after his death, or even before as it stated he was SINGLE when he was not, and that a new lease will have to be signed by me and that the company who held the mineral rights will have to pay me for those rights. And because we WERE MARRIED at the time the lease was signed and I did not sign it, that they still need a lease with MY name on it. True? He passed on 12/25/2009 and the will has been probated and the house is now in my name. As is all of his other property.The gas company told me the lease MUST remain in his name even if the house is sold to someone else. And that I, and future owners of the property, are only entitled to royalties. That the lease he signed is binding as long as their gas well is in operation.
Can a surface rights owner block leasing of oil and gas rights?
Can an owner of the surface rights of real property prevent a different owner of the oil and gas rights from leasing the oil and gas rights? I am asking the above question relevant to oil and gas interests in Noble county, Ohio
Can we exclude mineral rights when selling part of our property?
My question is on Property rights, mineral rights, and interest. The previous deeds to our properties dates back to the year of January 9, 1866. In the deeds from then on to this day have the paragraph reading of: Together with all and singular buildings and right-of-ways, water, water courses, right, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, use trust, property, possession, claim and demand whatsoever of in law, equity, or otherwise, howsoever, of in, to, or out of the same. If, in the future, we would decide to sell a portion of our property, but not sell the mineral rights to it, or the interests, etc. to that portion sold, could we just omit this paragraph reading: from being wrote in the new portion deed? Would that keep the right from being sold, with it?
Is it legal to backdate an oil and gas lease assignment?
A 1 year oil and gas lease with Mission River Systems terminates on July 27, 2004. Mission Rivers assigns the lease to Dewbre Petroleum and was executed on November 16, 2004, 'however effective as of August 1, 2004'. Is this legal to backdate ? An over-riding Royalty was given on August 1, 2003, which was 4 days after the lease was signed on July 27, 2003 and said lease expired on July 27,2004..Does this over-riding interest expire with the termination of lease on July 27, 2004?Oil production did not start until October, 2004 and we received our first royalty check on Dec. 5, 2004. Can this 2.25% over-riding be taken away because it expired with the termination of the lease?