We were recently contacted by a landman from DPS Penn and informed that we are are included in a production unit in West Twp. We are HBP and were asked to sign an amended lease to allow unitization and pooling. Attached is a copy of the actual amendment. Has anyone else signed one of these and/or, does this look ok. One line that concerns me is "Lessee is granted the right to change the size, shape and conditions of operation or payment of any unit created". This seems a little vague. I am going to have an attorney review the lease before I sign anything, but was wondering if anyone here might know what this means.

Thanks

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Your HBP is probably an exist unit of 40 acre or something like that.  Shape maybe is changing from the traditional square unit from a clinton well to a more horizontal shape.     So that is where changing the size would be needed most are going to say it needs to say 640 or 1080 acres max.   Probably should read continuous and strike out the non continuous part.

Just my .2

Looks like time to renegotiate your lease as " "Lessee is granted the right to change the size, shape and conditions of operation or payment of any unit created"  A new lease 

I was thinking the same thing. If they can change or ammend the lease, doesn't that open it up to new negotiations? Landman says if we don't sign, cpk will just drill around us. I need to talk to the neighbors and see what they're doing.

They don't want to drill around anyone! If they wanted to drill around they wouldn't be asking. If you cant get info from your neighbors look them up at your county auditors office and then check the recorders office to see if they are leased and if so with whom.

 Demanding a current value and percentage is only a business expense for them. If they are asking you they already have plans on what they want to do. 

We do not have a lot of acreage but the neighbors do. I would assume that it would be easier to negotiate if the neighbors were on board? Or would cpk be more willing to negotiate with someone with less acreage since it would be less expense for them?

I would find out where my property was in relationship with what they have, if the have a property on the  opposition side of you they want to reach by drilling under you from one side they might not be able to go around the ends of your property.

Why is no royalty listed here? If they want you to give them permission to untiize, then I would tell them to stipulate a royalty worthy of their current leases.  Say 18-20% GROSS.  I'd bet your old lease that has you HBP indicates just a 12.5% net, which is identical to 8-9% gross.  Don't let them take you for a ride on the royalty, or your royalty may be half as much as it should be.  This should be your single most important issue.  I would spread the word to others in the same boat who are HBP in the proposed unit, and form a mini-group, where no one signs the unitization permission unless a worthy royalty is presented.

United We Stand  is a formidable object.

If you are asked to sign an ammendment, then your entire lease is open for renegoting. I was at a meeting in Canfield (put on by Farm Bureau) and this was stressed. Do not believe the landman!! They do not have your best interest - they just want you to sign! Also, very very stressed was to have an Attorney review all leases before signing. Make sure the attorney is well diversed in oil/gas leasing - not all are - this is very very important!!

Also, ask them why they want to renegotiate. If their answer is "for the integrity of the resource" then they need your property in order to drill! They can not drill without your property.

 

This just happened to us. Our lawyer changed a few things. It means that they can put you in a unit of a million acres if they need to.

They wouldn't negotiate anything else and our neighbors wouldn't call us back. It seems that if you ask questions and try to protect yourself you get a penalty. Silence sometime speaks volumes. We got a whopping $10.00 that will be framed.

Michele

Michele...hopefully you will be apart of a pooled unit with several wells. If so, you could make a lot more than the bonus money. A larger royalty would have been nice, but I too, had no luck in receiving that when I amended a couple of leases. Good luck and hope you are sitting on the mother load.

The original lease is 12.5% and of course No bonus. The landman doesn't seem interested in negotiating (not that I thought he would be). I expect to be treated fairly and hope to negotiate a higher royalty, but I don't want to be passed by either. Our neighbor (a relative) owns over 150 acres that borders us on 3 sides. Hopefully they will have more luck negotiating.

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