There is no absolute percentage of land or mineral rights that must be leased in a unit before drilling begins. It is absolutely necessary that the driller lease the minerals rights directly under the well bore and 330 feet on either side of the well bore. Typically the driller wants to lease the minerals in a circle around the initial well bore so that other wells can be drilled from the pad site in a circular fashion. However, the so called “hold outs” can force the driller to alter the path of the well bore which will result in some minerals owners who want to participate to lose out.
Under Texas law, the driller can try to “force pool” unwilling mineral owners to become part of the unit which, in practice, means that the mineral owners are “forced” to become working interest owners in the well, a much better position than land owners who have leased their minerals. However, this provision of Texas law has been used only once to force participation by a minerals owner.





