Joinder Issues in Voluntary Pooling--Who Signs? Who is Bound?

December 01, 1996

Even though the pooling provisions of most oil and gas leases are the lengthiest and most detailed in the lease, exceeding even the most comprehensive of royalty provisions, they leave much unsaid. As with many other lease provisions, the case law has more to say about the parties' rights under pooling provisions than does the express language of the lease. This article explores the "joinder issues" arising under the pooling provision: (1) Who must join in the pooling instrument to accomplish a valid exercise of the pooling authority contained in the lease? (2) Assuming that the pooling authority is properly exercised, and the lessor's interest is bound by the pooling, which other owners of interests in and under the lease are bound by the pooling?

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