Old Leases with some HBP

Law & Legal
1

In the 1950’s, my grandfather leased possibly 320 surface acres and oil was struck on SE4, SW4. Would the lease on the remaining 280 surface acres lease expire after its term (3 yrs) and the non HBP mineral interest be available to lease by his heirs?

Thanks for everyone’s input.

2

This would depend on several things such as what state your minerals are located, how the land was unitized, and the terms of the oil and gas lease. Without knowing those things, it would be very hard for anyone to give you an answer.

3

Whoops my bad. The interest is in Garvin County, Ok. My searches in OK County Records have not shown a lease by him; consequently, I cannot provide lease information, a well name, etc. Before I drive up to Ok, I was trying to find out (generally) on a vertical well with production just in area was the rest of the original leased interest available to lease after the expiration of the original lease term. Hope I am clear.

Thanks

4

Your question depends on many things. What does the lease say, date of lease and size of the spacing for the producing formation. If you want to share the location & that information we can help get you a better answer.

5

Thanks, looks like a road trip to Paul’s Valley and a visit to the County Clerk’s office. OK County Records only goes back to the late 1950’s, and it has no record of a lease by my grandfather. Once I get that lease copy, I can go to the OCC database, see what wells were drilled within three years of the lease execution, and research those wells to see if they were producing at the time of his death.

Thanks for everyone’s thoughts and responses,

Rick

6

Are you sure that your grandfather owned the minerals and signed the lease at that time? Be sure to look for and sales or assignments into your grandfather from someone else as that person may have previously signed a lease.

7

Try just putting in his name, with no legal description. Many times that will pull up records older than 1950.

8

You mentioned surface acres which is very different than mineral acres. If he leased the surface, that would be for agricultural use or a well pad. If he leased the mineral acres, then that is completely different.

If you know the section, township and range, then you can look up any wells on the OCC well records site.
https://imaging.occ.ok.gov/imaging/OGWellRecords.aspx It has information back to the 1920s. The spacing is listed on the wells (most of the time). If you want to know if wells are still producing, then you can look up the 1003 form on the Well records site or the OK tax site and it gives production.
https://otcportal.tax.ok.gov/gpx/gp_displayPublicPUNListSearchDownload.php

Older mineral leases did not usually have a depth clause in them, so one well could hold many depths and reservoirs. Also, contact the current operator to see if they have a copy of the original lease. If you are still getting paid, then that might be a source of finding it.

9

I appreciate hearing from you as well as your feedback and suggestions to find more details. I have looked at the OCC well Database but not the other site, thanks. I need to visit the country clerk’s office to find a copy of any lease he signed so that I can fill in dates-details that I need to go further.

Thanks again,

Rick

10

Great, thanks for the tip!

Rick

11

Yes, I found where my aunt leased the SE4 of SW4 three times in 1986, 87, and 90. Oddly, my dad leased in 1990. So, the minerals were in the family.

Thanks,

Rick

12

It is also possible that the acreage was force pooled. That would not be a lease.

13

That is a thought. Dad leased SE4, SW4 in 1980 when his sister did and received royalties for about 15 years or so. I will head to the county clerk’s office, find the lease, and use your information to proceed.

Thanks!

14

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