New Jersey Pugh Clause

State:
Multi-State
Control #:
US-OG-843
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

The New Jersey Pugh Clause, also referred to as the "Pugh provision," is a legal provision commonly used in oil and gas leases in the state of New Jersey. This clause is designed to ensure the efficient and comprehensive development of a property's oil and gas resources. By understanding the intricacies of the New Jersey Pugh Clause, landowners and developers can protect their rights and interests in oil and gas exploration. The purpose of the New Jersey Pugh Clause is to sever the portions of a leased property that are not actively being used for oil and gas production or exploration. It essentially allows landowners to reclaim or maintain ownership of certain areas of their property that have not been included in a production unit. This is particularly important when the initial lease agreement covers a large land area that may not be fully exploited for oil or gas extraction. Different types or variations of the New Jersey Pugh Clause may exist, each with its own specificities. These variations often depend on the particular lease agreement and negotiation between the landowner or lessor and the oil and gas company or lessee. However, two common types of New Jersey Pugh Clauses are worth mentioning: 1. Standard Pugh Clause: This is the most common form of the New Jersey Pugh Clause. It allows the landowner to retain ownership rights and lease any portion of the property not included in a production unit. This means that if only a part of the leased land is actively producing oil or gas, the rest can be freed from the lease and made available for other purposes, such as agricultural or residential use. 2. Modified Pugh Clause: In certain cases, landowners or lessors may negotiate a modified version of the New Jersey Pugh Clause. This variation may include additional requirements or provisions, such as the minimum acreage or timeframe for which a property must remain active in production before the clause takes effect. The modified Pugh Clause provides flexibility for landowners while still ensuring uninterrupted lease activity. In conclusion, the New Jersey Pugh Clause is an essential provision in oil and gas leases, aimed at safeguarding the rights of landowners and facilitating efficient exploration and production operations. Through its different variations, such as the standard and modified Pugh Clauses, this legal provision enables landowners to protect their interests in areas not actively utilized for oil and gas extraction.

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FAQ

What is the Pugh clause in an oil and gas lease? A Pugh Clause is enforced to ensure that a lessee can be prevented from declaring all lands under an oil and gas lease as being held by production. This remains true even when production only takes place on a fraction of the property.

The key language in the Pugh Clause was, ?The lease shall remain in effect as to all depths as to all developed acreage so long as there is production of oil and/or gas in paying quantities from said developed acreage.?

The Pugh Clause ? A clause in the Oil and Gas Lease which modifies usual pooling language to provide that drilling operations on or production from a pooled unit will not preserve the whole lease.

A Vertical Pugh Clause requires the Operator to release the rights below a defined vertical depth after the primary term of your lease expires. For example, all rights 100 feet below the deepest drilled depth or 100 feet below the deepest formation penetrated.

A phrase (usually contained in a Pugh clause in an oil & gas lease) that terminates the lease after the primary term as to all formations below a particular depth typically defined as the stratigraphic equivalent of the base of the deepest producing formation in the unit.

The point of a retained-acreage provision is to be able to seek a new opportunity to lease unworked land to a different lessee, one who might do something productive with it. A Pugh clause is a negotiated provision in favor of the lessor. Pugh clauses modify pooling/unitization rights.

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This allows the landowner to sign a new lease for the property not included in the unit at the end of the five year primary term. The cash bonus received ... For example a Pugh Clause that begins: “If, at the end of the Primary Term ... Complete Owner's Guide · Lease Proposals · Mineral Rights Forum. Research Oil & Gas ...1 Essentially, a Pugh Clause protects the landowner by ensuring that non-pooled and non-producing portions of the leased premises are released at the end of the ... Dec 30, 2019 — In general, Pugh clauses state that activity attributable to a unitized portion of the lease will not save an entire lease's acreage, but rather ... by GS Warren · 2014 · Cited by 1 — This article will discuss the requirements for valid pooling under a voluntary lease provision and look at the remedies available for invalid or ... Oct 8, 2019 — The typical oil and gas lease with a pooling clause provides that the entire lease tract will be considered held by production, regardless of. A phrase (usually contained in a Pugh clause in an oil & gas lease) that terminates the lease after the primary term as to all formations below a particular ... Feb 6, 2023 — When written properly, a Pugh clause is capable of locking down the number of properties. These can be included in a lease, especially after its ... Jan 29, 2016 — This provision in an oil and gas lease operates to segregate the lease at the end of the primary term according to whether the leased lands were ... Pugh clauses are governed by contract law and the courts will interpret them based on the express terms of the clause. • They can be written as “if/then” or “or ...

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New Jersey Pugh Clause