Mineral Rights Depth


I spoke to Pioneer about 3 newly permitted wells in Upton Co on Blk D, Sec 30-31. I’m currently receiving royalties from wells drilled into the Spraberry. These new wells are to be drilled into the Wolfcamp. The gentleman from Pioneer explained that they are reviewing leases as there is the possibility that my minerals only go as deep as the Spraberry and that there may be another owner of the minerals below that. He went on to explain that that reapportioning would have occurred way back when the area was just being development. Is this yet another quirk in Texas mineral rights? I haven’t heard of this possibility, but if you can separate surface rights from subsurface rights who knows…Can anyone shed light on this?


You will need to review the various deed back through all the assignments. It may be that someone sold minerals for depths from surface down to XX feet and retained all minerals below that depth.


Nice to talk to you again! I’m hoping to get a copy of the lease in question from my Pioneer contact once he’s done his research. I just wanted to know if you can separate mineral ownership by depth. Sounds like you can. The guy at Pioneer says he’s looking into 4 leases on this property that may apply to my rights - 2 of them are for unlimited depths while the other 2 are down through Spraberry only. I do have a copy of a lease from when it was with Exxon from 9/95 that specifies “limited to the upper and lower Spraberry formations “. That may not tell me anything though. I could still own underneath. Presently I have no wells in the Wolfcamp, all are in Spraberry.


Ask for a copy of the title opinion or deed history so you can confirm your mineral ownership


Will do. He asked me to call back in a couple of weeks after he’s done his research.
While I have your attention, regarding my issue with Anadarko’s cost deductions (you were among the respondents on my Forum entry), I found the lease and it contains an Addendum page which, among other things, states specifically NO cost transfer to owner. The main body of the lease has no “at the wellhead” language either. My question is: do you think I should go directly to Anadarko with this info first, or get a O&G attorney to present our argument?

As always your advice is greatly appreciated,

Henry Van Siclen (aka Susan - wife)


Once you bring in an attorney, Anadarko will likely move into attorney-to-attorney communications. You have nothing to lose by talking with Anadarko directly and asking about your lease terms and the cost deductions. You may want to send an email with a detailed question and attach your entire lease. If you do not get a satisfactory response, then you can have an attorney review the lease and send the question to Anadarko.