Cotenant has absolute right to partition property in a judicial proceeding;
Ct favor partition in kind (dividing property) over partition by sale, unless dividing property is inequitable
Interference with Oil and Gas Interests- Adverse possession
WY rules of adverse possession apply to oil and gas interests;
Key: Whether and when mineral estate was severed from surface estate;
Exam- Key: Whether trespasser started adversely possessing severed or unsevered tract
Oil and Gas Lease- Habendum clause;
Temporary cessation doctrine
Once PPQ established, temporary cessation due to "sudden stoppage of well or some mechanical breakdown or like" will not terminate lease
Oil and Gas Lease- Defensive or "saving" clause;
Dry hole, continuous operations, and cessation of production clause: Tack savings clauses
Lessess can tack their savings clause together over time
Oil and Gas Lease- Delay rental clause;
Late delay rentals: Required proof
1. An act by Lessor (cashing check),
2. Upon which Lessee has detrimentally relied
Every cotenant can drill and produce or lease his undivided interest w/o consent of cotenants, but cannot exclude other cotenants;
Must account to others for their rightful share of profits from production
Interference with Oil and Gas Interests- Trespass;
Slant well drilling
Bottoming well underneath someone else's tract
Oil and Gas Lease- Pooling clause;
Pugh clause
If only part of leased acreage is pooled the rest should be severed unless lessee drills or pay delay rentals on remainder
