Florida Pugh Clause

State:
Multi-State
Control #:
US-OG-843
Format:
Word; 
Rich Text
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Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

Florida Pugh Clause — Detailed Description and Types The Florida Pugh Clause is a legal provision that pertains to oil and gas leases in the state of Florida. It plays a crucial role in determining the rights and obligations of both the lessor (landowner) and the lessee (oil and gas company) when it comes to lease termination and the release of certain leased lands. In essence, the Pugh Clause in Florida ensures that if a lessee fails to actively drill or produce oil or gas on certain leased portions of land, the lease term for those particular tracts will expire. This allows the lessor to regain control over the undeveloped sections while keeping the lease active for any productive parts. The clause is named after a Texas landsman named Lawrence Pugh who popularized its inclusion in oil and gas leases as a means to prevent lessees from retaining large amounts of land by drilling a single well on a small portion. Types of Florida Pugh Clause: 1. Standard Pugh Clause: The most common type, this clause included in a Florida oil and gas lease ensures that if a lessee ceases production or drilling operations on a specific portion of land, that portion will revert to the lessor while the remainder of the lease remains unaffected. 2. Horizontal Pugh Clause: This variant of the Pugh Clause is used when an oil or gas well is drilled horizontally, crossing several tracts within a lease. It specifies that if a well crosses a portion of land, but only production from one tract is ceased, the other tracts will remain under lease. 3. Vertical Pugh Clause: When an oil or gas lease allows for multiple depths or stratigraphic zones, a vertical Pugh Clause comes into play. It states that if one depth or zone ceases production, it will not affect other productive depths or zones, allowing the lessor to reclaim control while keeping the remaining areas leased. 4. Depth Severance Pugh Clause: This type focuses specifically on vertical depth separations within an oil or gas lease. It enables the lessee to retain the lease for productive zones while relinquishing unproductive depths to the lessor. In conclusion, the Florida Pugh Clause is a significant component of oil and gas leases in the state. Its purpose is to prevent lessees from indefinitely holding land without actively exploring or extracting resources. By utilizing different types of Pugh Clauses, both the lessor and lessee can protect their interests and ensure a fair and beneficial arrangement for all parties involved in the lease agreement.

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FAQ

A Vertical Pugh Clause requires the Operator to release the rights below a defined vertical depth after the primary term of your lease expires. For example, all rights 100 feet below the deepest drilled depth or 100 feet below the deepest formation penetrated.

The Pugh Clause limits the rights of the lessee to hold only particular depths or amounts of leased property in a pooled unit after the expiration of the primary term. In Texas, production from any portion of a leased tract is deemed production from the entire tract.

Example of horizontal Pugh Clause A horizontal could offer a lease that spans certain acreage, including 30 acres across the property. This implies that a lessee would be able to access 30 acres of land across the drilled well, but no further.

LEGALLY ? a vertical pugh clause is one where all acreage outside of the well/unit boundaries must be released. LEGALLY ? a horizontal pugh clause is one where you must release acreage below a certain depth. However, these two terms are used interchangeably in the industry.

The Pugh Clause ? A clause in the Oil and Gas Lease which modifies usual pooling language to provide that drilling operations on or production from a pooled unit will not preserve the whole lease.

A phrase (usually contained in a Pugh clause in an oil & gas lease) that terminates the lease after the primary term as to all formations below a particular depth typically defined as the stratigraphic equivalent of the base of the deepest producing formation in the unit.

The point of a retained-acreage provision is to be able to seek a new opportunity to lease unworked land to a different lessee, one who might do something productive with it. A Pugh clause is a negotiated provision in favor of the lessor. Pugh clauses modify pooling/unitization rights.

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For example a Pugh Clause that begins: “If, at the end of the Primary Term, a portion or portions of the leased premises is pooled or unitized with lands as ... Closely related to the Horizontal Pugh Clause is the “Retained Acreage Clause.” Generally, a retained acreage clause will terminate the lease as to acreage ...Download the document. Once the Pugh Clause is downloaded you are able to fill out, print out and sign it in any editor or by hand. Get professionally ... Dec 30, 2019 — The overall lesson is to review your state's jurisprudence before signing off on a Pugh clause, and make sure to be as specific as possible. Feb 5, 2014 — Confirming such ownership will require a potentially burdensome title examination of land outside of the subject drilling unit. The title ... Oct 8, 2019 — The typical oil and gas lease with a pooling clause provides that the entire lease tract will be considered held by production, regardless of. Hence, leases often contain a “Pugh clause,” which is designed to prohibit lease continuation beyond the primary term as to nonproducing areas not included ... Feb 6, 2023 — When written properly, a Pugh clause is capable of locking down the number of properties. These can be included in a lease, especially after its ... by AL Handlan · 1984 · Cited by 8 — Voluntary pooling is customarily accomplished by one of two methods: (1) lease clauses authorizing the lessee to pool or to unitize in the future and normally ... Aug 23, 2017 — ... write the habendum clause. See also Humphrey, 716 S.W.2d at 622 ... Additionally, Paragraph 17 contained a horizontal Pugh clause, such that the ...

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Florida Pugh Clause