Pennsylvania Pugh Clause

State:
Multi-State
Control #:
US-OG-843
Format:
Word; 
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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.


A Pugh Clause, also known as a Pugh provision, is a legal term widely used in the oil and gas industry, especially in Pennsylvania. It is an important provision found in oil and gas leases that determines how the lease should be divided or terminated concerning the exploration and production of hydrocarbons. The Pennsylvania Pugh Clause specifically refers to the application of this provision under Pennsylvania law. It is essential for both lessors (landowners) and lessees (oil and gas companies) as it dictates the separation of leased premises into productive and non-productive tracts, determining the expiration and retention of lease rights. Under the Pennsylvania Pugh Clause, if only a portion of the leased premises is used for the extraction of oil and gas, the lease will automatically terminate as to the non-producing portions, allowing the landowner to negotiate with other companies or retain rights for future development. This provision prevents companies from holding large areas of land under lease without actively producing hydrocarbons. There are various types of Pennsylvania Pugh Clauses based on specific conditions and language used. The Two-Part Pugh Clause is the simplest form, dividing the leased premises into two parts: productive and non-productive areas. The expiration or retention of the lease occurs solely based on production. Another type is the Horizontal Pugh Clause, designed specifically for horizontal drilling operations. It restricts the horizontal leasehold rights to only the producing units, while non-producing portions are released from the lease. This clause ensures that the landowner is free to negotiate separate leases for untapped parts of their land. Some leases may also contain a Depth Severance Pugh Clause, where the lease is divided based on different geological formations or stratigraphic depths. If one formation is productive, it will trigger the retention of the lease as to the productive interval, while the non-productive depths will be released. In summary, the Pennsylvania Pugh Clause is a crucial provision within oil and gas leases in Pennsylvania. It governs the separation of leased premises into productive and non-productive tracts, determining the termination or retention of lease rights. Variations of this clause, such as the Two-Part Pugh Clause, Horizontal Pugh Clause, and Depth Severance Pugh Clause, exist to accommodate different drilling methods and geological considerations.

A Pugh Clause, also known as a Pugh provision, is a legal term widely used in the oil and gas industry, especially in Pennsylvania. It is an important provision found in oil and gas leases that determines how the lease should be divided or terminated concerning the exploration and production of hydrocarbons. The Pennsylvania Pugh Clause specifically refers to the application of this provision under Pennsylvania law. It is essential for both lessors (landowners) and lessees (oil and gas companies) as it dictates the separation of leased premises into productive and non-productive tracts, determining the expiration and retention of lease rights. Under the Pennsylvania Pugh Clause, if only a portion of the leased premises is used for the extraction of oil and gas, the lease will automatically terminate as to the non-producing portions, allowing the landowner to negotiate with other companies or retain rights for future development. This provision prevents companies from holding large areas of land under lease without actively producing hydrocarbons. There are various types of Pennsylvania Pugh Clauses based on specific conditions and language used. The Two-Part Pugh Clause is the simplest form, dividing the leased premises into two parts: productive and non-productive areas. The expiration or retention of the lease occurs solely based on production. Another type is the Horizontal Pugh Clause, designed specifically for horizontal drilling operations. It restricts the horizontal leasehold rights to only the producing units, while non-producing portions are released from the lease. This clause ensures that the landowner is free to negotiate separate leases for untapped parts of their land. Some leases may also contain a Depth Severance Pugh Clause, where the lease is divided based on different geological formations or stratigraphic depths. If one formation is productive, it will trigger the retention of the lease as to the productive interval, while the non-productive depths will be released. In summary, the Pennsylvania Pugh Clause is a crucial provision within oil and gas leases in Pennsylvania. It governs the separation of leased premises into productive and non-productive tracts, determining the termination or retention of lease rights. Variations of this clause, such as the Two-Part Pugh Clause, Horizontal Pugh Clause, and Depth Severance Pugh Clause, exist to accommodate different drilling methods and geological considerations.

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FAQ

The Pugh Clause limits the rights of the lessee to hold only particular depths or amounts of leased property in a pooled unit after the expiration of the primary term. In Texas, production from any portion of a leased tract is deemed production from the entire tract. Pugh clause negates this general rule.

Retained Acreage ? A clause that provides that a lease will continue after the expiration of the primary term as to a certain number of acres associated with each of the wells drilled under the 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.

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.

A clause in an oil and gas lease establishing the acreage around a producing well or pooled unit that the lessee is allowed to retain after termination of the lease if certain conditions are met. There is no standard retained-acreage clause, and these clauses vary by lease.

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.

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.

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.

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More info

Usually added to the lease as an addendum, the pugh clause provides that at the end of the primary term (typically five years) the lease will terminate as to ... May 6, 2021 — The Pugh clause is added to the lease as an “addendum” or modified when your negotiating the lease with the E&P company. Did you have that put ...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 ... Mar 9, 2023 — In this guide, I will cover eight key provisions of oil and gas ... Questions to ask: Is there a vertical or horizontal Pugh clause in the lease? A Pugh clause allows the landowner to remove from the lease that portion of the leased premises that has not been placed into a pool or unit at the end of the ... by JB McFarland · Cited by 3 — Delete the "mother hubbard" clause in printed forms following the lease description ("This lease also covers any lands of Lessor adjacent or contiguous to the. A Pugh Clause in the lease agreement can provide for the release of portions ... Companies must fill in land prior to drilling. Impact of Hold-out. Work around ... For example a Pugh Clause that begins: “If, at the end of the Primary Term, a portion or portions of the leased premises is pooled or unitized with lands as ... So in the above example, the lessee would need to surrender the 990 acres back to the lessor that were not pooled. These clauses are termed “Pugh” clauses. The ... Jun 30, 2009 — A “Pugh clause” is intended to prevent the holding of non-pooled acreage in a Lease while certain portions of the property are being held under ...

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Pennsylvania Pugh Clause