Wake North Carolina Pugh Clause

State:
Multi-State
County:
Wake
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 Wake North Carolina Pugh Clause is a legal provision that pertains to oil and gas leases in Wake County, North Carolina. This clause has important implications for landowners and lessees engaged in mineral rights agreements. Understanding the intricacies of the Wake North Carolina Pugh Clause is crucial for ensuring clarity and fairness in oil and gas lease agreements. The Pugh Clause is designed to address the issue of partial termination of an oil and gas lease. Specifically, it determines how the lease will be affected when only a portion of the leased property is used for oil and gas operations. The Pugh Clause ensures that the lessee's rights to exploit resources are limited strictly to the specified area of the property where significant extraction activities occur. In Wake North Carolina, there are a few variations of the Pugh Clause that are commonly employed to accommodate different circumstances. These include: 1. Standard Pugh Clause: The most typical type of Pugh Clause in Wake North Carolina, where the lease will terminate for the undeveloped or non-producing portions of the land, while the producing portions remain under lease. 2. Horizontal Pugh Clause: This type of Pugh Clause applies when horizontal drilling techniques are used. It ensures that the lease will not be held on the non-producing portions of the land after the expiration of the primary term. 3. Vertical Pugh Clause: Unlike the horizontal Pugh Clause, the vertical Pugh Clause emphasizes height limitations. It allows for the termination of the lease for non-producing depths or formations while retaining the rights to produce from active depths. 4. Depth Pugh Clause: This variation of the Pugh Clause allows for the termination of the lease for non-producing formations or depths, while the lease remains intact for productive formations or depths. 5. Time-Frame Pugh Clause: This type of Pugh Clause sets a specific time frame during which the lessee must commence drilling operations on the leased premises. If no drilling operations are initiated within this period, the lease terminates for both producing and non-producing portions of the property. Understanding the specific type of Pugh Clause within a Wake North Carolina oil and gas lease is essential for both landowners and lessees. Proper negotiations and agreements regarding the use and termination of lease rights can help prevent any confusion or conflicts in the future. Seeking legal guidance and conducting thorough research on the Wake North Carolina Pugh Clause and its variations are strongly recommended ensuring all parties involved are well-informed and protected.

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FAQ

In such circumstances where a gas well has been completed but no market exists for the gas, the shut-in clause enables a lessee to keep the non-producing lease in force by the payment of the shut-in royalty.

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.

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 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.

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.

In the petroleum industry, shutting-in is the implementation of a production cap set lower than the available output of a specific site. This may be part of an attempt to constrict the oil supply or a necessary precaution when crews are evacuated ahead of a natural disaster.

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 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.

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.

Essentially, the shut-in royalty provision allows a lessee to temporarily cease production (i.e., shut-in a well) and pay a shut-in royalty to the lessor in place of the royalty on production that is not occurring during the shut-in period.

More info

The nonapportionment rule was soon recognized as unfair, especially if the lessee was under no obligation to drill offset wells. Fill In page numbers for each secllon In the space balow.Jason Rapp was born and raised in the greater Philadelphia area. The assignment's primary term was 2 years and "as long thereafter as operations"—defined to include "drilling" and "completing"—. Minister for Urban Development and Planning gave notice in the Government Gazette that he was of the opinion that it was. But he did not wake up until the next morning. 9 The provision was in the Virginia Plan and was approved throughout, 1 id.

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Wake North Carolina Pugh Clause