South Dakota Amendment to Oil and Gas Lease to Amend Land Description in Oil and Gas Lease to Create Separate Oil and Gas Leases

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US-OG-080
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Description

It is not uncommon for a lease to cover a substantial amount of acreage. The situation may arise where the lessee and lessor agree that the lands will be divided and each separate tract be deemed to be covered by a separate lease. This form addresses that situation.

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FAQ

A clause in an oil & gas lease that provides that if the leased land is later owned by separate parties, such as in a sale of part of the property, the lessee can continue to operate, develop, and treat the lease as a whole and pay royalties to each owner based on its percentage of ownership of the entire area.

To ?ratify? a lease means that the landowner and oil & gas producer, as current lessor and lessee of the land, agree (or re-agree) to the terms of the existing lease.

An assignment of oil and gas lease is a contractual agreement between a landowner and an oil or gas company in which the company gains the right to explore for, develop, and produce oil and gas from the property.

In a few words, a pooling clause is written into a lease. This oil and gas clause allows the leased premises to be combined with other lands to form a single drilling unit. It's not uncommon for there to be a pool of oil or gas under numerous parcels of land.

In oil and gas leases, the habendum clause defines the primary term and secondary term of the lease, dictating how long the lease is in force. When used in the context of oil and gas leases, the focus of the habendum clause is on the "and so long thereafter" portion that extends the lease if conditions are met.

What is the granting clause? The granting clause is the clause under which the owner of the oil and gas rights leases the oil and gas rights to the oil and gas company along with the right to develop the oil and gas on a specifically described piece of real estate.

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.

1. n. [Oil and Gas Business] The period of time during which an oil and gas lease will be in effect, in the absence of production, drilling or other operations specified by the lease.

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South Dakota Amendment to Oil and Gas Lease to Amend Land Description in Oil and Gas Lease to Create Separate Oil and Gas Leases