New Hampshire 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.

The New Hampshire Pugh Clause is a legal provision specific to oil and gas leases, particularly in the state of New Hampshire. It serves as an essential tool for both landowners and lessees involved in the extraction and exploration of mineral resources. This clause allows for the partial termination of an oil and gas lease, ensuring that it remains efficient and productive for all parties involved. The primary purpose of the New Hampshire Pugh Clause is to prevent "lock-in" or the perpetual holding of unused portions of an oil and gas lease. It grants the landowner the right to end the lease for certain tracts of land while retaining control over other portions. This is particularly beneficial when there are specific areas that hold no viable mineral deposits or where the extraction process, due to technological advancements, becomes less lucrative. Some common variations of the New Hampshire Pugh Clause include: 1. Depth Pugh Clause: This type of Pugh Clause focuses on the depth of the mineral deposits. It allows the landowner to terminate the lease and free the deeper strata from the contractual obligations, while still holding the lessee responsible for the shallower mineral rights. With the advancement of drilling technology, this clause has become increasingly relevant, allowing landowners to renegotiate lease terms based on more accurate information regarding the potential presence of valuable resources at different depths. 2. Time Pugh Clause: Unlike the Depth Pugh Clause, the Time Pugh Clause focuses on the lease's temporal aspects. It provides the landowner with the option to terminate the lease for specific tracts of land that have remained inactive or unproductive for a specified duration. This ensures that both parties can reassess the lease's terms and negotiate more beneficial agreements based on the actual productivity of the operations. 3. Acreage Pugh Clause: The Acreage Pugh Clause gives landowners the discretion to terminate the lease for only certain acreages that are not yielding substantial returns or have turned economically unviable. By releasing these underperforming tracts, landowners have the opportunity to initiate new negotiations, potentially attracting other interested lessees who might be able to exploit the mineral resources more effectively. In summary, the New Hampshire Pugh Clause provides landowners with an advantageous mechanism to retain control and flexibility over their property in oil and gas lease agreements. Its different types, such as Depth, Time, and Acreage Pugh Clauses, allow landowners to maximize the potential value of their land while ensuring lease obligations align with the actual productivity of the mineral resources.

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FAQ

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 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.

Definition. ? 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.

Any provision resulting in acreage being released after production is a Pugh Clause. A Pugh Clause is a type of retained acreage provision that is only applicable with regards to pooled or unitized lands. A Pugh Clause is completely inapplicable when there has been no pooling or unitization.?

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 ? 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.

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More info

The traditional Pugh Clause may not operate effectively in connection with a horizontal well. The Horizontal Pugh Clause is a relatively new concept. 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.Feb 5, 2014 — University of New Hampshire, University of New Hampshire School of ... The lease did not have a Pugh clause, and thus the Titan I well held ... Jan 29, 2016 — For the unwary, Pugh clauses (pronounced “Pew”) can sometimes stink. Although it is a fairly common provision in many fee oil and gas leases ... The bail commissioner shall request the defendant to complete the Request for a lawyer form prior to his or her release or detention, in which case the bail ... Oct 8, 2019 — Lessors began to file lawsuits demanding release of these lands outside of the ... if the lessee commences drilling a new well within a specified ... Dec 30, 2019 — But in many states, the regulators for such activities can create “compulsory” drilling and production units to cover multiple tracts of ... May 6, 2021 — Is there any downside to invoking (IDK if that is the right word) the Pugh clause in a lease? I guess I'm just afraid that if the additional ... Feb 6, 2023 — How Does a Pugh Clause Work? 3. Types of Pugh Clauses. 4. Other additional variations of the pugh clause. Mar 6, 2019 — Poorly written Pugh Clauses can be created by cutting and pasting existing Pugh Clauses into a new lease contract. Since most of these clauses ...

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New Hampshire Pugh Clause