Fulton Georgia Pugh Clause

State:
Multi-State
County:
Fulton
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.

Fulton, Georgia Pugh Clause: A Comprehensive Explanation In the realm of real estate transactions, the Fulton, Georgia Pugh Clause is a crucial legal provision that can protect both buyers and sellers during property sales. This clause refers to a specific clause commonly included in commercial leases or real estate contracts in Fulton, Georgia, ensuring that a mortgage or loan secured by the property does not remain in effect indefinitely. The Fulton, Georgia Pugh Clause is primarily designed to safeguard sellers or landlords against an extended period of responsibility for a property's mortgage in the event that a buyer or tenant defaults. This clause works by allowing the seller/landlord to release a portion of the property from the mortgage lien upon payment of a specified sum of money or by other predefined conditions. There are two main types of Fulton, Georgia Pugh Clauses: the Partial Release Pugh Clause and the Full Release Pugh Clause. 1. Partial Release Pugh Clause: This type of clause permits the seller/landlord to release a portion of the property from the mortgage lien upon payment of a definite amount of money. For example, if a buyer/tenant defaults, the seller/landlord can release a specific parcel or section of the property from the mortgage, allowing them to regain control or sell that portion separately. 2. Full Release Pugh Clause: Alternatively, the Full Release Pugh Clause enables the seller/landlord to completely release the entire property from the mortgage lien. In this case, the seller/landlord can potentially sell the property outright to a new buyer or continue leasing it without any encumbrances resulting from the previous buyer/tenant's default. In either case, the Fulton, Georgia Pugh Clause serves as a protective measure for sellers/landlords, preventing them from being burdened by a mortgage that would otherwise remain tied to the property indefinitely due to a buyer/tenant's failure to meet their financial obligations. Moreover, it is essential to consult a qualified real estate attorney familiar with Fulton, Georgia laws and regulations to draft such clauses accurately. An experienced attorney can ensure the clause meets legal requirements, accurately reflects the parties' intentions, and protects the interests of all involved. In conclusion, the Fulton, Georgia Pugh Clause is a vital component of property transactions within the region. By understanding and including this clause in relevant contracts or leases, sellers/landlords can safeguard themselves against potential financial liabilities stemming from buyer/tenant defaults. It is advisable to consult a legal professional to navigate the complexities and nuances associated with the Fulton, Georgia Pugh Clause effectively.

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FAQ

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.

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 clause (or shutin royalty clause) traditionally allows the lessee to maintain the lease by making shutin payments on a well capable of producing oil or gas in paying quantities where the oil or gas cannot be marketed, whether due to a lack of pipeline connection or otherwise.

A vertical Pugh Clause could provide a lease to a particular depth, such as 100 feet below the drilled well. The lessee would be limited to drilling to 100 feet but no further. Conceivably, the lessor could lease property below that range to another entity.

Pugh, who first used such a clause in 1947 to prevent the holding of non-pooled acreage in his client's lease while only certain portions of the lease acreage were being held under pooling agreements.

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.

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.

Simply stated, a retained acreage clause is a clause in an oil and gas lease that sets out how much acreage a lessee may retain for each well it drills on the leased premises after the balance of the lease automatically terminates.

A clause in an oil & gas lease that allows the lessee to pay an amount (delay rental) to the lessor to postpone commencement of drilling operations during the primary term of the lease to keep it in effect.

More info

Powell is also well known for his work in eugenics which began in the early 1920s. Record 79 - 95 — Printers of Pugh 's and other Almanacs , and Queenslanm.Post Office Directory. Clause 217 of the NSW Local Government (General) Regulation 2005. Financial Statements are produced in a separate volume. In her nearly two-hour Archive interview, Eileen Fulton talks about growing up in North Carolina, moving to New York and studying under Sanford Meisner. And ESOL provision undertaken in 2003–04. Additionally, where there has been a complete severance, a landowner who has rights in one has no rights in the other.37. Located in Williams and Fulton Counties, Ohio.

ESOL provision undertaken in 1999–00. 38–39 -- Post Office Library Special Collections, U.S. Government Printing Office, Thomas Nelson, New York, New York. This is the oldest of the U.S. Government publications (see number 26). 40–43 -- The State of New York Archives, New York, State Archives of New York, Albany. The State of New York Archives also contains information on the state's early history, from the founding of the colony of New York up to World War II. 44–59 -- The New York State Library and Records Commission, The History of New York, New York State Library, Albany, New York. Available in two volumes and through the New York Public Library. (Note. This publication is out of print. The New York State Archives also includes information on early times in New York State. It has a great deal of material on the New York State Archives Collection of Records. One could say it is an excellent general background source, but as a document the book is only marginally useful.

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Fulton Georgia Pugh Clause