I'm looking for some help on an issue regarding an unleased mineral interest please. Here is the situation:
Freestone County, Anadarko operated property
Anadarko shows my interest to be unleased (ie, on their title opinion) and in the producing unit
well has paid out 150%; note: i am unsure of TX law regarding payout level at which unleased mineral owners can back in for their share of the well
Anadarko is telling me that since my tract is more than 467' from the wellbore and since they tried to lease me several years ago (this is true, but we never agreed to terms) that i don't qualify to back into my % ownership of the unit
i don't think this matters, but just in case: i purchased this interest from someone in May 2004. in September 2004, Anadarko went to previous owner and leased these minerals from him.
Question: can Anadarko keep me out of this unit simply because my tract is a certain distance from the wellbore? any other important points to know/consider would be appreciated.
Texas has no equitable pooling statute. Since you are unleased, there is no pooling transaction under an oil and gas lease. Unleased lands within an unit and more than 467' (sometimes 330', it depends) from the boundary of the drillsite tract, you may claim under MIPA (explained in the links), but not otherwise, unless there is a lot of things going on.
For example, if you do not own 100% of the minerals and Anadarko has a lease on the other interest, Anadarko could drill horizontally under your lands, have no take points within 467' from the property line and the one who leased gets paid and the one who did not lease has no contractual claim.
NOW, if your predecessor in title was leased and pooled, you have a strong claim under that lease -- even though it was bought from the wrong person.
You might want to get some professional help to sort this out.
As an aside, going unleased in Texas in the world on horizontal drilling is not really a viable option.