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Elwood,
Purchasing mineral rights is a real estate transaction not a leasing contract. By selling the mineral rights you are severing the sub-surface minerals from the surface, also known as "split estate". The rights to royalty from the existing lease would go to the new owner of the mineral rights. This would not give them ownership of the existing wells, that resides with the leasee. Now, if a deal is made with the current leasee and a horizontal Marcellus or Utica well drilled, the income interest to Chesapeake thru MC Mineral Company LLC subsidiary is much higher because it includes the mineral owner royalty.
The existing lease should be of record at the court house, get a copy, see what it says. A lease can have a depth limit to a specific formation or to the deepest depth drilled. Ohio considers any well drilled through 4000ft and deeper a deep well. If the rights to deeper drilling were released, you can lease them.
Treat it for what it is a real estate transaction. Agree with Jim, their offer is their first offer, negotiate for what it is worth to you. If you want to sell!
SD
Last Wenesday I was in a meeting wherein a leased landowner with a Clinton well was sent a letter from MC Mineral to purchase their mineral rights, immediately the letter was taken of the table for an agreement by the landowner to allow Chesapeake to expand the 40 acre unit. Old leases seem to be popping up with limited unit size to 40 acres and this seems to have the oil companies going back to the landowners to negotiate, govern yourselves accordingly.
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