Unleased minerals in a producing gas unit

We have the surface and 1/2 minerals on 40 acres in Leon county ,Tx. We have never leased this interest but are included in a 640 acre producing gas unit. There is one well but it is not on our surface. We have 1/2 minerals ,no surface ,on another 80 acres in this unit that is leased and we receive royalties on it. We just recently found out that the unleased 40 acres is in this unit. I would appreciate any information on what rights I have and where to start.

Dear Mr. Pullen,might

In all liklihood, the other 1/2 interest in the 40 acres is leased. Just not your portion.

My first move would ask the Operator to lease your minerals. If the answer is no (and it might be), I would contact an oil and gas attorney to find out if the Declaration of Unit could be construed as an offer to participate in the lease.

Thanks . I’m fairly sure the other half is leased but I don’t know to who. This well has been producing for 30 years (+ or -) and we have owned the property longer . Does that make any difference? Thanks for the advice.

It may make a big difference. 30 years ago the Declaration of Pools many time included an offer to participate. Getcha a lawyer.

Will do. Many thanks. Gus.