how to break an ancient lease

We have inherited some mineral rights in WV.  2 properties were leased to Pennzoil in the 1890's for a $25 annual delay rental.  Nothing has ever been developed and Pennzoil's successors (now HG Energy) pay the delay rental when we remind them it is past due. They have a 60-day period to cure any payment default after we notify them.  Is there any way we can break these leases?

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Permalink Reply by Sticky Fingers on August 12, 2013 at 7:24am

Do the leases have a term? Also, has there been production on any of the leased lands? You should also make sure the old lease was never unitized. If they unitized or pooled the leases while still within the primary or extended terms then it is possible for the lease to be held by a well that is not drilled directly on the leased lands. If the lease is outside the primary and extended terms with no production on the leased or unitized lands then I don't see how a lease from 1890 can still be valid. Hopefully this helps a little.

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