Implied covenants in oil and gas leases: some general principles

Journal Article · Thu Dec 31 23:00:00 EST 1981 · Public Land Resour. Law Dig.; (United States)

OSTI ID:6755339

Williams, S F

This article examines the maxims that have been used to define the duties of the oil and gas lessee under implied covenants, specifically those against drainage by third parties or the lessee and those of reasonable development and further exploration. The formulas that are generally used to define the lessor's duties under implied covenants suffer from vagueness and circularity. When courts enforce implied covenants, they should restrict themselves to supplying terms that the parties have necessarily omitted since they cannot write a lease that expressly resolves every possible issue of production strategy. 86 references.

• Research Organization: Univ. of Colorado, Boulder
• OSTI ID: 6755339
• Journal Information: Public Land Resour. Law Dig.; (United States), Journal Name: Public Land Resour. Law Dig.; (United States) Vol. 19:1; ISSN PRLDD
• Country of Publication: United States
• Language: English

Related Subjects

02 PETROLEUM
021000 -- Petroleum-- Legislation & Regulations
03 NATURAL GAS
031000 -- Natural Gas-- Legislation & Regulations
29 ENERGY PLANNING, POLICY, AND ECONOMY
294000* -- Energy Planning & Policy-- Fossil Fuels
CASE LAW
GEOLOGIC DEPOSITS
LAWS
LEASES
LEGAL ASPECTS
LEGAL INCENTIVES
MINERAL RESOURCES
NATURAL GAS DEPOSITS
PETROLEUM DEPOSITS
RESOURCES