Select Page

Oil and Gas
South Texas College of Law Houston
Reed, Harry L.

Oil and Gas Law
Spring 2002
Professor Reed
8:40-10:10 rm. 516
This Course deals with the
1.      Landowner (lessor) who will lease land to lessee who will drill for oil.
2.   Or sell off the land with rights to royalty from oil and gas found.
What is a property right:
1.      An American traveling in a third world country, man on donkey woman walking barefooted, pregnant, holding two children. The American is outraged and confronts man. He states, unfortunately my wife does not own a donkey.
2.   The lesson of the story, you have right to use your land the way you want (if it’s legal). Or not allow someone to use your land.
Mechanical pumping- at the max you will have 50% of the oil molecules.
I. Accumulation, Ownership & Conservation:
A. Accumulation:
Oil is found inside sedimentary rock, this rock is porous (has small holes within it holding the oil). It is soft rock and easily crushed.
Porosity-How much oil can be there, if there is actually oil in there.
a. Permeability: the degree to the amount of pores within the     rock
b. Oil shale: porous rock holding oil that can’t be drilled, it is     mined, (strip mined or shaft mined). Then it is crushed, and boiled    to extract the oil. It is not an economical system at this time.
2. The 3 stages of development of an oil field:
a. Primary production: uses the natural pressure in the reservoir     to bring up the oil and pumping. (cheapest method)
b. Secondary production: injecting inert fluids, usually salt     water, into the rock to push out the oil and to wash the rock.(a little    higher in cost  than primary)
c. tertiary: inject surfactants (detergents) to push and wash the     formation out (the most expensive method of drilling). This     method is too expensive to use at this time.
3. Other types of Oil removal:
a. thermal production: apply heat to the reservoir using steam or    set on end of the reservoir on fire, to push the oil out and the heat     makes the oil thinner and it flows easier.
b. horizontal drilling: use one well to reach multiple pockets of     oil. Example:
Few wells are actual vertical, because the bit follows the path of     least resistance. So it may end up on someone else’s property.
4. The purpose of drilling mud: it consists of a gelatin mixed with    berate (sort of like ground seashells) and water. It is pumped downward    through the drilling stem and out of the bit (lubricates the bit) and out and    up the well, it washes the cuttings from the drilling out, it also contains    any gases that come into contact with the drill bit until the casing can be    applied.
B. Law of Capture and Private Ownership:
1. Law of capture: Oil doesn’t belong to anyone while it is underground.   Once the oil comes to the surface, no matter where it came from (seeps    from under someone else’s land), it belongs to the owner of the well. A    landowner owns all of the production from the well no matter where the    oil seeps from.
a. Private ownership: The landowner owns as far down      vertically from his land as you can drill. The landholder has a     property right to everything within his boundaries, including     vertically down.
b. Oil and Gas can move: it does not necessarily stay in one     place.
i. early courts: no property interest in oil & gas.
ii. current law: land holder does have a property interest      in the oil and gas, and it is a protected right.
c. Later there were regulations made on how close a well could be     placed to a border.
d. Self Help: if a neighbor is drilling, and oil beneath your     property is coming up their well (migration when pressure put on     the oil), the remedy is self help. Put up your own well and drill as     much as you can.
2. Ownership of extracted oil and gas: once extracted the oil and gas    are personal property. Title to personal property is not lost, while it    leaked, unless it is abandoned. The owner may lose possession, but he    retains title to it unless it is abandoned.
a. abandonment: (elements)
i. intention to abandon
ii. an overt act that corroborates the intention to abandon.
1) the longer the owner waits to retrieve the  property, the less the intent to return.
b. intention to keep:
i. quick action to recover what they could
ii. economical to do so (in most cases)
c. The rule of capture does not apply once the oil and gas have been extracted from the earth, even upon re-injection into a reservoir.
i. oil pollution act: don’t affect title, but they mandate how     cleanup is to be done (environmental law).
d. the rule of capture does not allow a sub surface trespass (fracing    across a property line

ll per 40 acres)
ii. distance (wells so far between each other)
b. limit production from a well: protects against waste and      the adjacent landowners rights.
i. assign to each well “an allowable” a straight surface      acreage allocation is the most common unless unitization      for enhanced recovery is involved, in which case the      formulas may be very complicated.
1) in terms of a daily allowable
2) at times producing days may be limited to the       market (ex – only can produce 8 days per month) for      a monthly limit
ii. even if it affects property rights
1) if a well owner produces over his allowable he is      responsible for damages to others with land near the      reservoir
When you exceed the conservation limit you are converting your     neighbors property and must pay damages to the neighbors. (civil     penalties) or they may have to reduce their allowable to make up     for the over production.
2. protecting correlative rights: the correlative rights of adjacent     landowners limit a party’s right to produce all he can,
a. example: east Texas field: that field discovered that oil     has gas in solution at the temperature and pressure in the      reservoir that far down, and it makes the oil thinner so it flows     better. If produce the oil too fast, the gas comes out and the oil     becomes too thick to remove and is lost indefinitely (this is the     reason for conservation, to prevent injuring the reservoirs      capacity to produce)
b. pooled unit: when multiple land owners don’t have sufficient     acreage to get wells, but combined they may and each get a      percentage in equivalent with their acreage and put up one or more     wells to do so. Pooled units help stop over-production problems.
c. Consumption by the public is a factor to conservation, however     this is not a problem at this time.