Unitization of multi interests types

I had an interesting question posed to me and would appreciate knowing your opinions. The question relates to property in Texas.

A mineral owner inherited 1/2 the mineral interests in a section from her father. She also inherited 1/4 NPRI from another ancestor in the same section. She does not own any of the surface estate. There is a vertical well on the property which is producing but it is an aging well. There are 2 other wells on 2 adjacent sections.
The operator is has sent out a document asking the mineral owners to agree to unitize the various interests for secondary recovery operations. She understand the effect regarding her mineral interests being unitized and has read the unitization agreement provided by the working interests owners.

The NPRI owners have not yet been contacted regarding their interests.

  1. Can she agree to include her mineral interest in the unit and not ratify the lease as to the NPRI?
  2. Should she write-in on the agreement sent to mineral owners that the agreement does not include any NPRI that she may own?
  3. Does acceptance of the agreement by a mineral owner imply acceptance as to NPRI that was inherited from separate ancestors?

Linda

I would suggest that you consult an attorney. In some states, they only need a certain percentage of mineral owners to ratify the unitization and then it affects every mineral owner once they reach the critical agreement percent.

Thank you. I’ll pass this information on.