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    Oil/gas attorney?

    What rights does the landowner have if someone is going to drill a well on the property you own but do not have mineral rights? I believe we can get damages for destruction of property for the well road and site, also make them maintain the roads they drive on but is that about it? Is there more we can do to insure the quality of our property?


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    #2
    That’s about it.
    They’ll fence location and the lease road as well as add or replace cattle guards as needed/ wanted.


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      #3
      Dont be an A** to them and you will be surprised what they will do for you. You will get compensated for the well site and road and get a nice water well. I dealt with this on a small property I own in Navarro county and got $29,000. If the producer has another well site close, see if they will do a flow line from the well to the closest other site, that will keep traffic down on checking the well.

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        #4
        Don't forget about the pipeline right of way that you'll not be able to use for anything except growing grass.

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          #5
          You should be approached with a surface use agreement. Make sure they leave the water week and tank/pond


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            #6
            You need to get a copy of the current oil and gas lease. It may be in the courthouse
            If only a memo is filed, you might contact the mineral owners for a copy. Try to find the name of the landman who represents the operator
            Hopefully it is newer lease and has some good surface use clauses.
            Totally agree to try and get along until you can’t.

            Not an atty but I was a Landman who dealt with leases and landowners for 40 years.

            BP

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              #7
              It depends on the operator. Some of them will rape you and not kiss you, some of them will do lots of extras. I’ve been in the oilfield constructio almost all my adult life until I retired and I’ve see both and everything in between.

              Most leases will read something like “reasonable compensation” but your idea of reasonable may be much different than theirs. If push comes to shove they have the right to drill and you have the right to watch them drill. Been there done that, and stared down the wrong end of a landowner’s gun barrel more than once. Exxon was famous for bulldozing landowners. When I formed my own company I never even tried to work for them because of that.

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                #8
                Originally posted by Big pig View Post
                You need to get a copy of the current oil and gas lease. It may be in the courthouse
                If only a memo is filed, you might contact the mineral owners for a copy. Try to find the name of the landman who represents the operator
                Hopefully it is newer lease and has some good surface use clauses.
                Totally agree to try and get along until you can’t.

                Not an atty but I was a Landman who dealt with leases and landowners for 40 years.

                BP

                That’s a good idea I will get them to send it to me.


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                  #9
                  My biggest concern is this seems to be a wildcat small drilling group. They have offered to let us buy in but absolutely no guarantee. If it is a dry hole then we are screwed.


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                    #10
                    Originally posted by Pstraw View Post
                    Don't forget about the pipeline right of way that you'll not be able to use for anything except growing grass.
                    Or food plots.

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                      #11
                      You have very few rights legally. Try to be as friendly as possible to start.

                      It's always a good idea to speak with any attorney to get an idea of your rights. Knowing that will help you to understand your negotiating power.

                      What you don't want to do is overplay your hand and get off on the wrong foot. To give you an extreme example, I had a woman removed, by the sheriff's dept, from the area we were working on their own property. They did not own the minerals and made threats. It was not taken lightly.

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                        #12
                        Originally posted by gtsticker View Post
                        My biggest concern is this seems to be a wildcat small drilling group. They have offered to let us buy in but absolutely no guarantee. If it is a dry hole then we are screwed.


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                        That is a huge reason to be concerned.
                        If our company had many leases and plans in an area, our reputation was worth a lot. Word of mouth stories / rumors about a bad operator can snowball in a small town.
                        Small one-off operators tend to worry less about reputation and more about bottom line In my experience.

                        BP

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                          #13
                          You should get paid damages. You should be paid so much per foot for pipelines they will run through your property. Hopefully you will get some good roads out of the deal. I would check with other people whom have dealt with this company and see what problems they may have had with them if any. See if they will spray the pipeline instead of shredding . Make sure they remove the most material from the pad when they finish the well. If you need limestone see if you can have some when this happens. Some counties appraisal taxes the well site different from farm exempt. Hopefully that won't happen to you.

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