Shut-in royalty check - Stark County

I received a certified check this week from Chesapeake for shut-in royalty for the Ronald Smith 3H well.  The well was drilled a couple years ago but never fracked.  The Williams lease date is 4/13/2011, so it passed the initial 5 year term.  I'm concerned about cashing the check, being well aware of Chesapeake's shakey practices, and cashing the check would mean that I am in agreement with whatever.  My concerns are these:

1.  Why am I getting the shut-in royalty check now?  The well has basically been shut in for years.

2.  Does drilling a well and not fracking it count as a drilled well?

3.  Does drilling a well and not producing it count as a drilled well?

4.  I could contact Krugliak, but the check isn't for that much and would get ate up by their fees, so I wanted to get some forum comments first.

 

Thanks 

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Permalink Reply by Lynn mudder on May 28, 2016 at 2:31am
Read your lease, that is crucial. Our lease states "must have a PRODUCING " well or lease will expire. Read every word of your lease a dozen times until you understand it
Permalink Reply by don smith on May 28, 2016 at 4:42am
Yes read and re read lease. You may have a legal cause to file for abandonment of mineral rights don't cash check. For sure and check date on check to see if date is past expiration date of 5 year lease They have to follow letter of the lease to keep lease active and lawfull. Good luck
0ym9x5ag7ury2Permalink Reply by 0ym9x5ag7ury2 on May 28, 2016 at 4:56am

I would think Bill Williams would answer your question as a courtesy. He wrote the lease so he knows the intent. Read and understand your lease is always good advice.

I know of landowners that Bill answers question for without payment. They typically share the info provided by Bill with me. Bill and I have had a discussion over the phone in the past.

He'll guide you to the best way to recover your future losses.  

Chesapeake has a huge number of "Legacy" Issues (HAH!) in progress. They are also known as underpaid Landowners.

Suits to follow. Not if, but when.

Permalink Reply by Rasty on May 30, 2016 at 1:38pm

Thanks Lynn, Don and Ron for your replies.  I have read the lease numerous times...can't say I completely understand it.  The lease does say that it will continue in force during the primary term of five years  as long as gas and their constituents are produced, etc etc.  Then it goes on in the same section to say that it continues in force as long as the lessee is conducting operations as defined in another paragraph. (8 in my case).  That paragraph states that drilling is considered an "operation".  I'm paraphrasing this as there is much more legal to it...Confusing to me to say the least!   I think my best recourse it to call Bill as Ron suggests.

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