Energy Industry (Oil & Gas)/pooling question/ unitization


Hello Mr Scott
We have a question about an expired lease being held by a unitization clause.  Background info: We are located in Bradford Co, PA.  We signed a lease with an investment group which was later sold to Chesapeake.  Signed date: Dec 10, 2005.  Nothing was done on physical property.  On Dec 10, 2010 I was placed in a unit, by Chesapeake, with a well 1 mile away. (in my opinion just to hold my lease).  My lease was for a 5 year, no extension, which would mean the 5 year expiration date would be Dec 9th 2010, at midnight.  It was recorded at the courthouse on Dec 10, 2010 but in the documents, it states that the "effective date" is Dec. 1st, 2010.  Can they backdate a document like that?  If that's the case, why is there a contract at all?  The dates seem to mean nothing to them.  Any input would be greatly appreciated..... such as any similar case law you are aware of - in PA.  Thank you for your time & attention to this question.

The date on the lease document itself (usually near the top) is the effective date, no matter when it was actually filed of record or signed. IF there's no date on the lease, then the date is was signed would be the effective date. Yes, I agree they are just trying to hold the lease with the other well's production. Kind of sneaky if you ask me, but it could be legal. You'd want to check with an oil and gas attorney on that.

Hope this helps you out!
Frederick M. "Mick" Scott CMM, RPL
The Mineral Hub

Energy Industry (Oil & Gas)

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Frederick M. Scott


Oil and gas leasing, lease negotiations, how to best deal with the oil and gas companies or their representatives, buying/selling mineral rights, forced-pooling, correlative rights, deeds and conveyances, and "post-production" costs. I am most experienced with Oklahoma properties and laws, but am able to answer questions concerning other oil and gas producing states in many cases.


I am a Certified Professional Mineral Manager (CMM) certified by the National Association of Royalty Owners (NARO) in Tulsa, OK. I am also a Registered Professional Landman (RPL) with the American Association of Professional Landmen (AAPL). I have managed my family's oil and gas properties in Oklahoma for over 10 years and have dealt with many landmen, title analysts, attorneys and other oil and gas professionals in the process. I have written articles of interest to mineral rights owners which have appeared in various industry magazines and newsletters. I have negotiated and drafted leases, prepared deeds, affidavits, and other legal instruments relating to my own minerals, as well as performed title, legal research, and curative work for same. I have acquired a good deal of knowledge on the subjects of oil and gas law, mineral appraisal, and land and title work over the past ten years, and have also worked as a professional landman. I've seen the business from "both sides" and therefore feel confident I can help out most of the folks who ask questions in this forum.

National Association of Royalty Owners "Action Report" (ROAR); NADOA Magazine, The Mineral Hub, Landman Magazine, and several royalty owner association group's newsletters.

Certified Mineral Manager (CMM), Registered Professional Landman (RPL)

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