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Oil/Gas/Release of old lease


I am asking on behalf of an elderly neighbor so bare with me
Grimes county Texas northern part
1976 his mother leased 3 tracts to Driller 55 ac 60 ac 30 ac
they drilled one well which 1st tract was part of. 2nd tract was butted up against it, not included in the 1976 era oil well . 3rd tract a mile away
they released the 3rd tract in the last few years when activity kicked back up 2012
The original oil well that contained the 1st tract was recently split into 3-4 individual leases. Was never shut in so working off of old 1976 lease of about 700 acres and now has 180-300 acre multiple leases
the 2nd tract that butts up to the 1st tract and the oil lease was never included in the remake of the original lease into the current 3-4 different smaller leases
Now few years back the land around his 2nd tract was all leased and wells drilled on it. So basically land locking his 60 acres- 2nd tract.
Original lease owner of the 1976 lease will not release the 60 acres (2nd tract) back to him. But he is receiving zero money from any well near him. Although no well bore passes under or within 300ft of his land.
what is his options and where to start if any options are avail. As the original owner of the lease subbed it out to CML to be developed so CML does not care and the original driller of the lease says he cant do anything

I would like to give him some direction and or closure on this matter or any way to be ready to be released in the future if it comes up

thanks for your time as always

Please understand that it's difficult for me to provide you with advice on this matter because the controlling document insofar as what your neighbor is entitled to is based within the 4 corners of his Oil, Gas & Mineral Lease.  Since it is not an option for me to review this legal instrument, what I will advise is that your neighbor send a written letter, by certified mail, return, receipt requested, to the original lease owner, and request that the specific lease, (identified by date of the lease, Lessor, Lessee, lands covered, and provide the recording information for the county clerk where the lease is filed for the reference of the letter), be released for lack of development and offset drainage.
This should start a clock ticking for a response required by the original lease owner, typically 30-45 days; and this will help your neighbor understand the intentions of the original lease owner.
Best of luck.  


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Laura M. FitzGerald, CPL


PLEASE READ CAREFULLY BEFORE SUBMITTING A QUESTION. I can answer all questions related to oil and gas ownership, mineral interests and working interests concerning the leasing and selling of your minerals, any questions concerning pipeline ROW's, units with the Louisiana Department of Conservation; pooling provisions, depth limitations, vertical or horizontal pugh clauses; and oil and gas terminology. I can offer assistance in negotiating for leasing your property, assisting in locating owners of suspended funds or to receive the best offer for your oil and gas interests, should you desire to sell. I am only able to answer questions regarding oil and gas leases, minerals, royalties, or offers to purchase mineral/royalty interests if I have complete information. Please provide a full legal description for your interest(s). If the question pertains to a lease, please include all terms of any current (or desired) lease offers, including lease bonus amount, royalty and lease term. If the question is regarding a mineral or royalty interest offer to purchase, please provide the offer amount, date of offer, other offer terms, and further details on the mineral/royalty interest, such as lease terms, and if producing, the average monthly income. Since I receive numerous inquiries daily, I am only able to answer your questions efficiently and effectively if I have complete information. I must decline any questions submitted with incomplete information. If your question is non-technical in nature and you simply need assistance understanding an oil and gas matter, please submit your question with as much information and detail as possible. Any background information that has led to your question is also very helpful.


I have over 34 years experience as an Independent Petroleum Landman. I became a Landman after working as a paralegal for Oil & Gas Attorneys for 8 years. My first 2 years were spent specializing in Well History and Research with the Louisiana Department of Conservation, then moving into clearing title defects and handling title curative for oil and gas properties for the next 6 years. Subsequent thereto, I handled title issues, buying oil and gas leases and settling surface damages. I also acquired acreage for drilling prospects in excess of 10,000 acres. I also became a mineral/royalty owner commencing in 2004 and have found that I can help many people when they have reached the point in their lives they feel converting their minerals or royalties into a cash asset benefits them.

American Association for Professional Landmen, ArkLaTex Assoc. of Professional Landmen, and Dallas Association of Professional Landmen (DAPL), Certified by the Women's Business Enterprise National Council (WBENC)- South. This certification is one of the most widely recognized and respected certifications in the nation. This designation is reserved for only those women-led businesses that exemplify the characteristics of integrity and professionalism to which the WBENC adheres to so strictly.

Attended LSU, became a Certified Professional Landman in 1994; Notary Public with dual authority in multiple parishes in North Louisiana; Bilingual in English and Greek

Awards and Honors
Expert Oil & Gas Professional assisting attorneys representing landowners. Involved in 2 lawsuits and both suits were awarded to the landowner. Ilios Resources, Inc. has been awarded the Best of Shreveport Oil and Gas Mineral Buyer Award for 2016, 2015, 2014, 2013 and 2012.

Past/Present Clients
Consultant Landman for Texas Oil & Gas (TXO Production Corp.), Anadarko Petroleum, Comstock Resources,Independent Geologists, Pipeline ROW Clients, and Oil & Gas Attorneys. For the past 5 years my practice is primarily an advocacy for the landowner. I also assist royalty owners recover suspended payments or incorrect royalty payments, or sell their mineral or royalty interest.

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