Ohio Court of Appeals Upholds Depth Severance Clause in Shale Lease

The Ohio Court of Appeals recently issued a decision in a case involving lease language about a "depth severance clause" that is very important for both landowners and drillers to know about. In Tera LLC v. Rice Drilling D LLC, et al., a landowner in Belmont County, OH, signed a lease with language that leases both the Marcellus and Utica shale layers, but all other formations were "reserved to the lessor" (i.e. the landowner). However, the driller, Rice (now EQT), drilled into and produced hydrocarbons from the Point Pleasant layer that sits immediately below the Utica. According to the lease (and the decision by the court), that was a no-no.

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