Subsurface Trespass

Good morning,

I was looking for someone or referrals to an Attorney who has some experience dealing with subsurface trespass in Oklahoma.

If you can give a little more information maybe we can help. Was a well drilled without a lease(s)? No permit? No spacing? Mineral trespass in Oklahoma is very difficult to prove, but can happen if an owner holds a rather large mineral interest that is not subject to a spacing order.

Thanks Todd. The well is currently being drilled, when the pooling order was issued, my mineral interest was overlooked by the landman, and the title company. NMA is 4.5 acres

I little bit of history about this issue…I currently have a lease with TPR on property A, which is in section 28-10-07

Property B is also in 28-10-07 and I did have an OGL on this property. During the time that I was waiting on my check, TPR was bought by Paloma and Paloma decided not to pay the leases that TPR had executed. Because of this, I had to get TPR to release my minerals, which they did and was filed at the county.

Now Camino is drilling in 28-10-07 and they are saying that my interest in Property B is held by the OGL that was executed for property A because of this paragraph…

  1. It is the intent of the Lessor to lease, and Lessor does hereby grant, demise, lease and let unto Lessee, all oil and gas, as defined herein owned by Lessor in Section 28, Township 10 North, Range 07 West, _____ County, Oklahoma, whether or not properly and completely described herein. In the event it is determined that Lessor actually owns more net mineral acres than that assumed by the parties in the calculation of lease bonus and paid by Lessee, Lessor and Lessee agree that Lessee shall pay Lessor for such additional net acreage at the same bonus price per acre agreed upon for the execution of this oil and gas lease. Likewise, in the event it is determined that Lessor owns less net acres, or it is determined that Lessor’s acreage is currently leased under a prior oil and gas lease, then the Lessor agrees to reimburse Lessee for the bonus per acre paid for the acreage not owned by Lessor or under the prior oil and gas lease.

Answer depends on reading lease in its entirety, as there may be other clauses which affect the acreage, such as primary term, CDC, and partial depth or acreage releases. That language is very odd with promises of additional bonus or having to refund bonus. How do heirs and successors keep track of the bonus? Is there a time limit? Depth limitation? What about later-acquired mineral interest in the section? Or what if you owned other acreage in the section and later inherited or bought this interest? You need to have an attorney review the lease and all the facts for complete advice.

@TennisDaze Thank you. I have retained an Attorney and they are currently evaluating the OGL.

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