A San Antonio Texas Partial Release of Oil and Gas Lease refers to a legal document that releases a portion of the land covered by an existing oil and gas lease. This type of release allows the lessee and lessor to modify their agreement, providing flexibility and the ability to explore, develop, or extract oil and gas resources from specific parcels of land. In San Antonio, Texas, there are different variations of Partial Release of Oil and Gas Lease depending on the specific circumstances and parties involved. These variations include: 1. Partial Release for Non-Producing Areas: This type of release is employed when certain areas within the leased land are unproductive for oil and gas extraction. By releasing these non-producing areas, the lessee can focus their resources on more promising sections. 2. Partial Release due to Change of Ownership: When there is a change in ownership of the land, either through sale, inheritance, or other means, a Partial Release may be executed to adjust the lease accordingly. This allows for clarity and legal recognition of the new boundaries and rights associated with the transfer of ownership. 3. Partial Release for Exploration Purposes: In some cases, the lessee may wish to explore a specific area within their leased land more extensively, indicating the need for a Partial Release. By releasing a portion of the existing lease, the lessee can concentrate their efforts and resources on the targeted area to assess its potential for oil and gas reserves. 4. Partial Release for Environmental Preservation: When there is an identified need for environmental conservation or preservation, a Partial Release can be executed to exclude sensitive areas from the lease. This type of release ensures the protection of crucial habitats, water sources, or culturally significant sites from oil and gas exploration and extraction. The San Antonio Texas Partial Release of Oil and Gas Lease As to Part of Lands Covered by Lease is a legal tool that facilitates adjustments and modifications to an existing oil and gas lease, allowing for flexibility, efficient exploration, and compliance with environmental and ownership changes.
San Antonio Texas Partial Release of Oil and Gas Lease As to Part of Lands Covered by Lease
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FAQ
Pooling is the combination of all or portions of multiple oil and gas leases to form a unit for the drilling of a single oil and/or gas well. The unit is generally one or a combination of government survey quarter-quarter sections.
An entireties clause usually states that even if the leased premises are subsequently divided, the land will still be developed and operated as one lease and the royalties will be divided proportionately amongst the owners of the leased acreage. Montgomery v. Rittersbacher, 424 S.W. 2d 210, 212 (Tex.
Pooling refers to joining together enough acreage to allow issuance of a drilling permit for a single well. Unitization refers to joining together large areas such as an entire reservoir or field to optimize operations, introduce efficiencies, and reduce costs. Both pooling and unitization can be voluntary or forced.
Generally, a pooling clause will allow the leased premises to be combined with other lands to form a drilling unit, wherein proceeds from production anywhere on the drilling unit are allocated according to the percentage of the acreage of each tract divided by the total acreage of the drilling unit.
A pooling clause expands the granting clause by giving a lessee the authority to determine whether to pool. This authority, however, is not unfettered. Many disputes have arisen through the years as to whether a lessee has properly exercised his discretion and authority under a pooling clause.
It also records a "Declaration of Pooling" or similarly named document in the land records office at the local Courthouse. The declaration shows the boundaries of the pooling unit and identifies all the landowners and amount of property each landowner actually has in the unit.
A Pugh Clause is meant to prevent a lessee from declaring all lands under an oil and gas lease as being held by production, even if production only occurs on a fraction of the property.
The horizontal Pugh clause operates to release all lands not included in a pooled unit, typically at the end of the primary term or after cessation of continuous drilling operations, if the lease provides for same. The horizontal Pugh clause releases land at the surface as to all depths.
The Pugh Clause is named for a Louisiana attorney, Lawrence Pugh, who took on Shell Oil in 1947 on behalf of a lessor. The Louisiana Supreme Court sided with Shell Oil, and Pugh determined that the only way to prevent something similar from happening again was with a special clause in the lease contract.
In general terms, the Pugh Clause provides that production from a unitized or pooled area located on or including a portion of the leased lands will not be sufficient to extend the primary term for the entire leasehold.
