Replies to This Discussion

Permalink Reply by TM on March 17, 2014 at 6:46pm

If the wells are still producing gas or oil you are held by production. These old shallow leases are practically impossible to get rid of unless you can prove there is no production in paying quantities. Just because you dont cash the checks doesn't mean you are not still held by production. You should consult with a lawyer and see what your options are with this lease.

Permalink Reply by MM on March 17, 2014 at 8:46pm

I do understand that. I am curious about what is called production. I have 7 neighbors totaling just under 40 acres. We cumiltivly have received no more than 8$ a year for the entire lot. Most of us purchased the land after the well had been drilled and had no option. I have spoke with a layer today.
I told him about this sight. He asked me to do some homework to see if any one may have some insight on breaking a surface well lease for deep well mineral right.

Permalink Reply by Ben Campbell on March 18, 2014 at 8:04am

If your lawyer has you asking around for advice it's time to find another lawyer.  It still doesn't seem like there's much you can do.  The only leases that I've heard of being broken is when the well actually produces nothing for 2 years straight.  Like ones that produced so little that the company wouldn't even replace broken lines so they were shut off for two consecutive years.  Most of the shallow well companies new about the value of leasing the deep rights so the wells were repaired and kept in production though.

When you and your neighbors bought the properties it was in your deeds that the land was held by prodution. 

Sorry you are one of many this is happening to.

Permalink Reply by bruce c on March 18, 2014 at 5:33pm

If you know the Well API #  (the number should be on the well ) you can go to the ODNR site to see if any production has been reported to the State in the last few years, if no production has been reported, you might have a chance.

Permalink Reply by caualie on March 20, 2014 at 4:59pm

  Last 2 posts are good advice. You need to have that old lease in hand & find lawyer who does this type of work. I still wouldn't cash the checks though. Do not contact the shallow operator either until you've consulted an Oil & Gas attorney.

Permalink Reply by MM on March 20, 2014 at 5:52pm

Thanks, I've been perusing this for a week now and have learned a lot.

Permalink Reply by caualie on March 20, 2014 at 9:43pm

One other thing you might try to find out before you vist oil & gas lawyer is if anyone is drawing free gas off the well for their use. Maybe start with the house that was there before the property was split & sold. Does anyone come & check well regularly & is the seperator & well head well maintained or in a state of disrepair ? Questions the attorney may ask you. Good luck.

Permalink Reply by Mark McGrail on March 21, 2014 at 2:32pm

MM,

There are some folks pursuing a different approach to these situations.The goal is to have the deep rights released.

If you let me know where you are located I'll get you in touch with them. If you are uncomfortable posting your info here then send me a friend request.

Permalink Reply by caualie on March 21, 2014 at 4:41pm

  That's what you really want, is the deep rights, look into it. But we have an NCL shallow well & they've long sold the deep rights. Only know about it from these web sites & news reports. They never notify the property owners of anything they're doing. You need good legal representation, this is not a do it yourself project.

Permalink Reply by MM on March 21, 2014 at 5:39pm

Mark,
I am in Canfield city, Beaver township, southern mahoning county.

Permalink Reply by MM on March 21, 2014 at 5:43pm

Same here caualie. I do have good legal rep. He is a life long friend. I've been doing research to help him with info I can gather.

Permalink Reply by Kathleen on March 22, 2014 at 10:24am

Hi,

I lived a little further up from you years ago.
I found my lease from the that farm, and it said it was leased to the center of the earth but it had how many years the lease could be in effect. 99 years.

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