I have mineral rights that have been leased and producing from shallow depths for several years. There is now activity from deeper formations. Will the statutory pugh clause allow me to lease the deeper rights without legal action.
Review your original lease. If you didn’t specify, the lease might cover “to the center of the Earth.”
The Pugh clause & depth clause are two different animals.
I understand, but the original spacing was 40 ac. It appears that they are now going to 360 under the STATUTORY Pugh clause I was told that rights below the production from the spaced area was not protected after the primary term, just trying to u understand options.
Depending on the gross acres of your lease and the lease date.