Just suppose a person had a piece of ground on which is located a gas well.  Suppose that well is owned by an energy company.  Suppose that well is providing free gas to one home that is located on what is now a neighboring parcel, and no other gas.  Suppose the ODNR records show production of zero oil, zero gas, and zero brine for the past six years. 

Suppose this landowner is trying to terminate a lease written over 90 years ago.  Suppose the company owning the well has tacitly agreed that the lease expired by it's own terms about 75 years ago, but this company only acquired the lease last year.  Now suppose this company has offered to give up their claim to the lease if the landowner would take responsibility for the well, but refuses to do so if the company is held responsible for the well.

Then suppose the landowner agrees and takes ownership of this well.  Is the landowner allowed, under the laws, rules, regulations, or what have you, to continue to provide free gas to the neighboring parcel? 

I know you guys are not attorneys, so your reply will not be a legal opinion.  I also know ODNR/DOGRM is extremely reluctant to provide a straight answer, probably because they do not want to be hung out to dry for giving legal advice.  They talk around it, but I cannot get a basic YES or NO answer. 

While I'm asking questions, have any of you heard of splitting a lease based on surface boundaries?  The lease in question here has been split by depth and it has seen the oil rights separated from the gas rights.  I'm wondering if there is a precedent to separate some of the acreage of the original lease from the rest of it.