Question about lease release from Mid states petroleum

My name is Roy White:

My wife and I own interest in the west section, block 43, section 439, H & TC survey, Lipscomb County, Texas.

There is a lease on this half section, the Cricket 439-3H, that has not been producing since almost a year ago and I have made numerous attempts to find out something about the well, but no response from the company at all.

I even sent a certified letter as advised by a forum member asking for a release of the lease, since it appears to have expired, I received the certified letter green card back showing receipt by the company, but no response in two months, what are our options at this point?

Thank you for your time and suggestions, the forum is a great source of help!

Sincerely, Roy and Billie White.

Check your lease to make sure there is not a shut in royalty provision that would hold the lease. If not, then you may want to record an affidavit of non-production if they won't give you a release. Was there anything in your lease requiring the give you a release?

Hi Wade! First of all thank you for responding so promptly!

There is a lease provision for non production which calls for a $1 royalty to be paid if well is not producing within 90 days of being shut in, of course it has been considerably longer than that with no communication from Mid States although we have tried time after time.

There is nothing in the lease that mentioned the requirement of releasing the lease if the shut in provisions were not followed.

Thank you for the expertise!

Sincerely, Roy and Billie White

The $1 royalty is per mineral acre, I forgot to add this!

Thank you!

I haven't heard back from anyone on this question, does anyone have any insight on the subject matter.

Thank you so much for your time!

Roy and Billie White

Whether you can terminate and demand a release be filed is very dependent on the exact wording in your lease. However, that is the next step if you think the lease has expired.