OLD SHALLOW GAS WELLS: Block a Lease?

Can an old un plugged, non producing well,prevent new leasing by another company to the marcellus shale?
I seem to not to be able to get a clear answer .
This lease goes back to 1900.

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3uq96odaochmjPermalink Reply by 3uq96odaochmj on December 7, 2011 at 2:35pm

Just execute an "Affadavit of Non-Production", put in on record at the county recorder of deeds, and go sign the new lease.

Permalink Reply by Jack Straw on December 7, 2011 at 2:53pm

To add to Jasper's comments.

My advice would be:

Get the company to plug the well.

You may need to contat the appropriate officaials of the state in which the well is physically located to assist you in this matter.

Hopefully, you will not need the services (expense) of an Attorney to get the well(s) plugged and abandoned.

Keep calling upon the respective state authorities until you are in communication with someone sympathetic to your situation and willing to push the company to P&A the well(s).

All in my humble opinion.

One size fits most.

Consider these free opinions worth every penny that you paid for them.

JS

Permalink Reply by Jack Straw on December 7, 2011 at 5:22pm

If the old non-producing wells are plugged & abandoned, it is likely that you will have the "Albatross" of that old lease removed from your neck.

1). It is expensive for an O&G Operator to Plug & Abandon (P&A) a well.

2). And, if an O&G Operator can tie up acreage, they are in possession of something of value.

It is not inconceivable that an O&G Operator might wish to delay the P&A of a well for either or both of the prior potential reasons.

If a non-producing well is in SW PA, you might find assistance at:

Office of Oil and Gas Management

Southwest Regional Office, Pittsburgh, PA 

Tel: 412-442-4024

 

If a non-producing well is in West Virginia, this site might be of interest:

http://www.wvsoro.org/resources/dep.html

 

Good luck & please let us know how things go.

 

JS

Permalink Reply by Tracy Packer on December 8, 2011 at 4:44am

I does have to do with how the lease is written, but there are things you can do. Go to your courthouse and obtain a copy of the lease. Look and see if it's for ALL DEPTH'S or DEPTH SEVERENCE....... just 100 feet above and 100 feet below.......verbiage like that. If it is for ALL DEPTHS then you need a release from the operator releasing those minerals. Once that is done you are ready to go.

Permalink Reply by Gunner Ostergard on December 8, 2011 at 5:18am

It is doubtful that such an old lease would have any mention of severance. If you go to the operator and ask for a lease of lease and actually get,  all the more power to you.  But you may want to put your stake in the ground first by filing an affidavit of non production if you have some type of proof of non production like lack of DEP production reports etc.

 

Assume from the start that the operator is going to lie to you,  there is just too much money at stake not to.

 

 

Permalink Reply by Finnbear on December 8, 2011 at 6:56am

Gunner is right on. Get the production info that is reported to the state. Get a copy of your lease from the county. Have a good oil and gas attorney file the non-production documents and let the producer answer the attorney. The producer has no good reason to deal with you directly and will likely be extremely evasive and hard to deal with. I'm seeing it regularly with the landowner group I'm working with in Wayne and Stark counties. You have to play hardball with these guys and you want a big stick when playing.

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