We own mineral rights in Haskell County OK and have been approached to sell by a third party. While researching the offer I discover there is a well being drilled where our minerals are. We were not contacted by the operator drilling the well while they were requesting approvals and making notifications because they used an incorrect address. I notified the responsible landman for the operator of the error and provided the correct address. Now there is a pooling order but we are not listed in the pooling order. We contacted the operator to ask why we were not included in the pooling order and was told we were not listed because our interest was being held by production. The operator has contacted us since to advise they made a mistake in the drilling title opinion so our interest is not being held by production.
Consequently their leasing broker offered a lease at the same rates as is stated in the pooling order. We have not responded to the lease offer.
We contacted the operator to ask if they intended to amend the pooling order and they said yes, that they would be doing a cleanup order to cover our interest. It's been nearly a month since this communication and we have not been notified of the cleanup pooling.
Now we've been asked by the operating company to submit a revised PPLA and they will honor it.
What are they doing?
At what point are they trespassing?