entitles them to free usable gas. Defendants contend the plaintiffs are entitled only to free gas as it emerges from the well, whatever its condition. A. The Nature of Free Gas Clauses Historically, free gas clauses have been included in many standard form oil and gas leases as partial consideration for the grant of rights from the lessor to the lessee. See Thomas P. Dugan, & James A. Gillespie, In-Kind Gas Rights of Landowners — The Tap May Be “Free,” but it Is not Free from Issues!, 51 Rocky Mtn. Min. L. Inst. 14, § 14.02 (2005). Once created, the free gas covenant is generally held to be one that runs with the surface estate rather than a personal right. See Schlup v. Bourdon, 33 Kan.App.2d 564, 568, 105 P.3d 720, 724 (2005). The free gas . 752, 759-62, 740 P.2d 1083, 1087-89 (1987) (<HOLDING>); Jackson v. Farmer, 225 Kan. 732, 739, 594
holding provision in oil and gas lease authorizing lessor to use gas for agricultural purposes contained no geographical limitations holding plaintiffs were properly enjoined from using excessive amounts of gas not contemplated by the free gas clause in the lease holding the lessee in providing free gas to the lessor owed the lessor the same duty of care as a regulated public utility would owe its customers despite express lease language placing the risk of using the gas on the lessor holding that injury caused by criminal fleeing after stealing gas from gas station was not foreseeable result of stations policy of not requiring customers to prepay for gas holding a gas storage and oil lease providing for free gas for domestic use at the principal dwelling house on said lands and for low cost gas for domestic use on said lands in the event of storage limited the lessor to low cost gas at one principal dwelling