Depth Restriction Question

I have a small interest in Section 32, Block 76, PSL survey in Loving County. There was up until last year a vertical well (Lease FOREST) that had produced for a long time. My ownership has a depth restriction of around 6.500 feet.

May be a silly question, but I assume that any Horizontal wells that come through this area, that are probably twice as deep as 6,500 feet, I would not be entitled to any of those minerals correct?

Considering all the horizontal wells that have been drilled in that section I understand why you are wondering.

You might have an attorney review the specific wording of your deed and to see there is any ambiguity in the language, but if it clearly restricted you mineral interest to depths above 6,500 feet, and there was no time limit on that restriction, it looks like you wouldn’t be due anything from wells completed below that depth.

Would that make the lower depths, Wolfcamp etc, available for lease?

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