already part of oil well lease

has anyone ever went to court and got upfront money for utica when already part of a 40acre oilwell lease.....we will be part of a utica unit but excrpt for water testing noone from chsk has contacted us....they did over a year or so ago when 1st i this area offfering 500 per acre. i assume since then they know we are part of a oil well lease and dont have to contact us....i wont lose sleep over not getting upfront money for my 8 acres but dont agree that everflow should gt to lease my mineral rights to chspk when they have no intention of deep well drilling...be one thing if they were in that business....i know i wont get the spud fee but wil lget 12.5% i assume of royalties. very least i should get 12.5% of whatever everflow gets from chspk qouldnt you agree?

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Permalink Reply by Kathleen on May 28, 2012 at 6:19am
Hi,
You most likely are to small for a pad. Have you read your old lease? We had a farm years ago with a 1950's 99 year lease on it and received royalties every three months. This lease covered all depths regardless if they could drill into the deeper ones or not. They didn't list the depth it just said all the way down. If I still lived there I do not feel I could ever challange that wording if it was sold to CHK. If you live in Ohio and you are placed into a production unit you cannot receive less than 12.5% net which means they will deduct severance taxes, transportation costs, etc out of that 12.5.
The water test may not mean you are in a unit but close enough to warrant one. Did your test papers list a well on them? Some people also receive a map of the unit with the water test. On those test papers was a number to call CHK. If you call they will be able to tell you if you are In a unit or just close. If you don't have copies of the papers just google CHK customer service # since its the same number. Have your county name and parcel ID ready to give to them since what they see are only parcel # not names.
I would read your lease and if you haven't received royalties in years or it doesn't say to the center of the earth than you should see an atty in this field.
Permalink Reply by klan on May 28, 2012 at 6:34am

this oil well was in place since 1986, i bought this place in 1989, yea we get a check from everflow once a month....and the pad will be on neighbors farm already seen map....it will be about 300yds from my place so yea i am positive it will be the pad we will be part of no doubt...yea the lease says carbons or something like that  , all gases and nothing about depth.....ilike i said i am sure we dont get any spud fee but was just seeing if anyone ever beat that since like i said everflow who has the oil well does not do that type of drilling, in my mind they should not get to deal with chspk since they were never going to drill that deep....i know i wont be entitled to spud fee but just cuious if anyone ever beat it somehow.....by the way the lease does not say to center of earth...

0i7okn54zwbdoPermalink Reply by 0i7okn54zwbdo on May 28, 2012 at 3:11pm

You're held by production and if you do not dispute that your royalty has been paid on time then there's really no grounds to get out of it.  The lease doesn't say anything about "to the center of the earth" because, unless said lease specified a depth, it was assumed to cover all strata.  

Permalink Reply by klan on May 29, 2012 at 2:26am

thank you, pretty much what i thought but just had to put it out there.

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