Logan County, Oklahoma The producing wells are not on my land but under it (horizontal drilling) The wells have been producing for going on twelve years. When/if I sell my land (40 acres) will the new landowner be allowed to re-negotiate drilling rights with the oil company? Or does the oil company have the right to continue under the same terms as with me? The contract makes it sound like the oil company can continue under the same terms, but there’s so much legalese it’s hard to sort it out.
If the surface and mineral rights are severed, then the mineral rights usually have dominance over the surface rights (with various protection for the surface owner depending upon the state. If you own both the surface and minerals, you can chose to sever the surface for sale and retain (or sell) the surface rights.
If the minerals were already severed and other mineral rights owners already have leases or just hold the rights, they will continue under their terms and the new surface owner has no mineral ownership . The surface owner can negotiate surface leases for water, well sites, etc.
The answer to your 1st question (in general) is as long as the current production continues, then the OGL shall remain in effect. The company will be able to continue the current operations under the terms of the OGL. If there is a separate surface use agreement, then that may be subject to renewal/negotiation…