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If the wells are still producing gas or oil you are held by production. These old shallow leases are practically impossible to get rid of unless you can prove there is no production in paying quantities. Just because you dont cash the checks doesn't mean you are not still held by production. You should consult with a lawyer and see what your options are with this lease.
If your lawyer has you asking around for advice it's time to find another lawyer. It still doesn't seem like there's much you can do. The only leases that I've heard of being broken is when the well actually produces nothing for 2 years straight. Like ones that produced so little that the company wouldn't even replace broken lines so they were shut off for two consecutive years. Most of the shallow well companies new about the value of leasing the deep rights so the wells were repaired and kept in production though.
When you and your neighbors bought the properties it was in your deeds that the land was held by prodution.
Sorry you are one of many this is happening to.
If you know the Well API # (the number should be on the well ) you can go to the ODNR site to see if any production has been reported to the State in the last few years, if no production has been reported, you might have a chance.
Last 2 posts are good advice. You need to have that old lease in hand & find lawyer who does this type of work. I still wouldn't cash the checks though. Do not contact the shallow operator either until you've consulted an Oil & Gas attorney.
One other thing you might try to find out before you vist oil & gas lawyer is if anyone is drawing free gas off the well for their use. Maybe start with the house that was there before the property was split & sold. Does anyone come & check well regularly & is the seperator & well head well maintained or in a state of disrepair ? Questions the attorney may ask you. Good luck.
MM,
There are some folks pursuing a different approach to these situations.The goal is to have the deep rights released.
If you let me know where you are located I'll get you in touch with them. If you are uncomfortable posting your info here then send me a friend request.
That's what you really want, is the deep rights, look into it. But we have an NCL shallow well & they've long sold the deep rights. Only know about it from these web sites & news reports. They never notify the property owners of anything they're doing. You need good legal representation, this is not a do it yourself project.
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