Illinois Pugh Clause

State:
Multi-State
Control #:
US-OG-843
Format:
Word; 
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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.

Illinois Pugh Clause: Understanding its Significance and Different Types In the realm of oil and gas leasing in Illinois, the Pugh Clause holds significant importance. It acts as a safeguard for both the lessor and the lessee, ensuring fair distribution of rights and interests in specific portions of the leased land. When properly utilized, the Illinois Pugh Clause allows the parties involved to establish clear guidelines for the termination and extension of oil and gas leases. The Illinois Pugh Clause is a contractual provision that addresses the issue of partial termination of a lease. It stipulates that, upon expiration of a lease on a specific portion of land, the lessor's rights and interests in non-producing areas will be released, while the lessee retains rights only in the productive areas. Essentially, the Pugh Clause ensures that the lessee's principal focus remains on viable oil and gas reservoirs, rather than non-productive regions. There are several types of Illinois Pugh Clause commonly employed in oil and gas leases. Some significant ones include: 1. Vertical Pugh Clause: This type of Pugh Clause focuses on the depth of the leased land. It allows the lessee to retain rights only to the productive strata or formations, while releasing non-productive formations below or above the specified depth limit. 2. Horizontal Pugh Clause: Unlike the vertical Pugh Clause, the horizontal Pugh Clause centers on the extent or boundaries of the leased land. It ensures that upon the termination of a lease, the areas not included within the producible unit are effectively released. 3. Deep Pugh Clause: The deep Pugh Clause specifically concentrates on the lower depths of the leased land, releasing non-producing formations below a predetermined depth while retaining production rights in the shallower formations. 4. Shallow Pugh Clause: In contrast to the deep Pugh Clause, the shallow Pugh Clause concerns the upper depths of the leased land. It enables the lessee to retain rights solely in the formations above a specified depth, while relinquishing non-productive formations situated at a greater depth. These are just a few examples of the different types of Pugh Clauses that can be incorporated into an Illinois oil and gas lease. It is essential to carefully negotiate the terms and form of the Pugh Clause in any leasing agreement to protect the interests of both parties involved. By doing so, potential disputes regarding lease termination and the distribution of rights can be effectively mitigated. In summary, the Illinois Pugh Clause plays a pivotal role in regulating oil and gas leasing agreements. It allows for the release of non-productive areas upon lease expiration, ensuring that the lessee's focus remains on viable reservoirs. By employing various types of Pugh Clauses, such as the vertical, horizontal, deep, and shallow clauses, parties can tailor the terms according to the specific characteristics of the leased land and effectively protect their rights and interests.

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FAQ

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.

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.

A Pugh Clause is enforced to ensure that a lessee can be prevented from declaring all lands under an oil and gas lease as being held by production. This remains true even when production only takes place on a fraction of the property.

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.

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.

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.

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Click Buy Now once you're certain in the chosen document. Select the subscription plan that suits you most. Create an account on the platform or log in to ... 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 ...So in the above example, the lessee would need to surrender the 990 acres back to the lessor that were not pooled. These clauses are termed “Pugh” clauses. The ... Merits and uses of the Pugh Clause in oil and gas leasing. Explains vertical Pugh Clauses, horizontal Pugh Clauses, and alternatives to the each. Typically, a Pugh Clause severs leaseholds along vertical planes which are measured on the surface. Non-pooled and non-producing surface acreage, such as Mr. HABENDUM CLAUSE OR TERM CLAUSE. The habendum clause follows the legal description clause and appears not only in oil and gas leases but also in conveyances. 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 ... On this blog, we have posted our complete Fee Lease 101 Series covering many of the standard fee oil and gas lease provisions from the granting clause to the ... Dec 30, 2019 — In general, Pugh clauses state that activity attributable to a unitized portion of the lease will not save an entire lease's acreage, but rather ... Feb 5, 2014 — There shall be no obligation on the part of the lessee to offset wells on separate tracts into which the land covered by this lease may ...

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Illinois Pugh Clause