# How to terminate an old, barely producing lease

**URL:** https://www.mineralrightsforum.com/t/how-to-terminate-an-old-barely-producing-lease/19165
**Category:** Law & Legal
**Created:** [December 18, 2012, 5:12pm UTC](https://www.mineralrightsforum.com/t/how-to-terminate-an-old-barely-producing-lease/19165 "2012-12-18T17:12:59Z")
**Posts on this page:** 8
**Page:** 1

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### Author: ![Don\_Stubblefield](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/d/858c86/32.png) [@Don\_Stubblefield](https://www.mineralrightsforum.com/u/Don_Stubblefield)
#### Post date: [December 18, 2012, 5:12pm UTC](https://www.mineralrightsforum.com/t/how-to-terminate-an-old-barely-producing-lease/19165/1 "2012-12-18T17:12:59Z")

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I recently acquired 150+ acres of land and mineral rights in north Texas. The original lease was from the 70’s but reassigned several times. My acreage is part of a pool, and there is only one gas well producing on the pool. No active wells on my property for decades. The previous owner was getting about $30/month royalty from the pool.

My question is this: Can I break the pool or get out of the lease altogether due to lack of production?

The area is relatively active for new Barnett Shale and Marble Falls oil wells. I would like to terminate the old lease so I can sign a new one and get some pipe in the ground. Neighbors are getting $200-$600/acre bonus and 18% - 22% royalty. Any advice would be greatly appreciated.

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### Author: ![charles\_s\_mallory](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/c/a88e4f/32.png) [@charles\_s\_mallory](https://www.mineralrightsforum.com/u/charles_s_mallory)
#### Post date: [December 18, 2012, 6:14pm UTC](https://www.mineralrightsforum.com/t/how-to-terminate-an-old-barely-producing-lease/19165/2 "2012-12-18T18:14:57Z")

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Don:

I believe that the answer to your question will be found in the content of the original lease. If you don’t understand the wording, you might want to seek help from someone experienced in that field.

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### Author: ![Don\_Stubblefield](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/d/858c86/32.png) [@Don\_Stubblefield](https://www.mineralrightsforum.com/u/Don_Stubblefield)
#### Post date: [December 18, 2012, 7:31pm UTC](https://www.mineralrightsforum.com/t/how-to-terminate-an-old-barely-producing-lease/19165/3 "2012-12-18T19:31:19Z")

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Is it best to discuss with a new oil company, or an O/G attorney?

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### Author: ![wade\_caldwell](https://www.mineralrightsforum.com/user_avatar/www.mineralrightsforum.com/wade_caldwell/32/9599_2.png) [@wade\_caldwell](https://www.mineralrightsforum.com/u/wade_caldwell)
#### Post date: [December 19, 2012, 5:31pm UTC](https://www.mineralrightsforum.com/t/how-to-terminate-an-old-barely-producing-lease/19165/4 "2012-12-19T17:31:03Z")

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Probably an attorney, although a new company will not be interested if your lease is held by production.

One thing to look for is whether your original lease allowed the lessee to pool your property without your consent. However, there are a lot of moving parts on whether you can terminate, not just this.

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### Author: ![Don\_Stubblefield](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/d/858c86/32.png) [@Don\_Stubblefield](https://www.mineralrightsforum.com/u/Don_Stubblefield)
#### Post date: [December 19, 2012, 5:42pm UTC](https://www.mineralrightsforum.com/t/how-to-terminate-an-old-barely-producing-lease/19165/5 "2012-12-19T17:42:14Z")

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Thanks Wade

Wade Caldwell said:

Probably an attorney, although a new company will not be interested if your lease is held by production.

One thing to look for is whether your original lease allowed the lessee to pool your property without your consent. However, there are a lot of moving parts on whether you can terminate, not just this.

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### Author: ![Joan\_Downey](https://www.mineralrightsforum.com/user_avatar/www.mineralrightsforum.com/joan_downey/32/4329_2.png) [@Joan\_Downey](https://www.mineralrightsforum.com/u/Joan_Downey)
#### Post date: [December 21, 2012, 8:20pm UTC](https://www.mineralrightsforum.com/t/how-to-terminate-an-old-barely-producing-lease/19165/6 "2012-12-21T20:20:32Z")

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Don, There are ways to cancel a lease that barely produces. I have read court cases where it has been done because the operator failed to properly develop and/or market the lease in accordance with the lease terms. You can get a copy of your lease and reported production and consult with an oil and gas attorney, but most likely the new developers in the area will cut a deal with the old ones before you can get to court. Keep an eye out for anything filed of record transferring lease rights. Hope this helps.

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### Author: ![Scott\_morgan](https://www.mineralrightsforum.com/user_avatar/www.mineralrightsforum.com/scott_morgan/32/2890_2.png) [@Scott\_morgan](https://www.mineralrightsforum.com/u/Scott_morgan)
#### Post date: [December 27, 2012, 1:47am UTC](https://www.mineralrightsforum.com/t/how-to-terminate-an-old-barely-producing-lease/19165/7 "2012-12-27T01:47:51Z")

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I have had success negotiating this on our family land in the past and I’m not a lawyer. It’s relatively simple. It takes work and common sense.

I found each situation to be different but not overly complex.

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### Author: ![system](https://www.mineralrightsforum.com/uploads/db5755/original/3X/6/c/6c7c56608c843272ad6e3662ce9562a5956f173e.png) [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [August 15, 2018, 3:04am UTC](https://www.mineralrightsforum.com/t/how-to-terminate-an-old-barely-producing-lease/19165/8 "2018-08-15T03:04:01Z")

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