Hi all,
Does anyone know what it means to be force pooled for curative reasons? I understand force pooling, but I had not heard the phrase "for curative reasons" used before.
Thanks!
I've not either seen one for curative however was discussing topic with landman today. I suppose it is used to address and secure operator's interest for a variety of reasons. The first thing that comes to mind is correcting an owner's name as it is of record. However, I like you am interested in the responses to this post. Good question, Robin Buell.
I think there's a bit of a cross over of two different things here - one being a forced pooling, 2 being curative issues with title. If you are in a pooling/forced pooling situation, but there are curative items needed with title, then it will show up as curative under the pooling app. Not 100% positive, but pretty sure they aren't "forced pooling" you to "cure the title issues". I'll check with my landman and circle back shortly.
I recently was on a forced pooling for curative reasons. In my case, I was going to be forced pooled because of the title issues. I inherited mineral rights from my mother's estate. Her probate lasted from March 1981 - August 1985. During this time, my sister, the administrator, signed several O&G leases on behalf of the estate. Since the estate was still in probate, a "Confirmation of the lease" signed by the probate judge was required to be filed in the county of the lease, in this case Canadian. That was the first issue. The second issue was my grandmother's final decree was never filed in Canadian county showing how my mother inherited her mineral rights. My grandmother passed in 1962. When I started receiving the Pooling Orders from the attorney for Apache Corporation and seeing my name on the "Curative" side of the list, I contacted Apache for explanation and they explained the title issues to me. Apache is located in Houston, but they had a landman here in OKC go to the OK County Courthouse and obtain the Lease Confirmation from my mother's probate file, and the Final Decree from my grandmother's file, and file them in Canadian County for me.
Hi Robin,
That means you were included with the other respondents because there appeared to be a reasonable chance you might own interest in the section, but there isn’t enough evidence in the title
record to know for sure. There is no penalty in the pooling process for naming a party as a respondent who turns out not to own any minerals or leasehold anymore, but it can be a giant problem to NOT name someone they should have who could then come back later and lay claim to a portion of a well and yet not be subject to the terms of the pooling order.
You remember that battle in Braveheart where the English King sends his infantry reinforcements in to finish off William Wallace’s fighters, and then while they are still fighting, orders the English archers to fire upon the jumbled up mix of Scots and Brits? And the King’s aid, confused, turns to the King and says, “But sire, won’t we hit our own men?” And the King replies, “yes, but we’ll hit theirs too.”
Being pooled for curative reasons is kind of like that, but without the friendly fire.