Chevron, Lambert, Pa. Fayette County

We have mineral rights to 29 acres in Lambert, Pa. which our great grandfather left us.  Chevron has set up 2 oil rigs on either side of another property adjacent to our 29 acres.  How can we find out if Chevron is not extracting minerals under the surface that we have the mineral rights to? In the past Vicking Resources sent us a lease to sign (apparently they found minerals on the 29 acres) and nothing was ever done, then a few years later Atlas sent us another lease to sign, (many family members are involved with this), nothing was ever done.  Is it possible for Chevron to extract minerals from the 29 acres without anyone knowing about it?  Would like your advice as what we can or should be doing? Marge

 

 

 

 

 

 

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Permalink Reply by JK on July 30, 2012 at 7:30pm

I contacted the DEP chief here in WV and had the well unit plats sent to me. 

On these unit plats are the drilling path(s) and all of the owner's names with each property in the unit.

If you have a copy of your property plat then you will also be able to match it up perfectly.

You can't get any more precise than this on your own..unless you go to the court house.

Permalink Reply by Marguerite Blanc on July 30, 2012 at 11:55pm

Yes, we have a copy of the said property where we have the mineral rights, along with his will.  My brother in law went to the court house in Uniontown and they told him they could not help him, so now what do we have to do to find out what is going on?  He also went to Lambert and saw  and talked to the Security Chevron had there.  Thanks, Marge

Permalink Reply by JK on July 31, 2012 at 2:27pm

Marge,

Call the DEP for Pa and tell them the well name and any other information you have such as the County, District and API number. Usually they can do it with the well name.

I would go online and get the chief of DEP's name then call.

They should mail you a copy right away especially if you feel you are being drilled under!!

Permalink Reply by Marguerite Blanc on August 2, 2012 at 5:44pm

We have the information that Atlas sent us on the lease in 2002, would that be enought information to get the information you are talking about.

Permalink Reply by rmc on July 31, 2012 at 9:07am
Marcellusshale.org is a site that you can pay to become a member then pay to have a well site downloaded to see where the laterals are going I did this to see where one of Rice Energys well butted up against me in Greene County Pa
hope this helps you out
Permalink Reply by Bernie Horabik on August 1, 2012 at 7:13am

You guys are going to miss the boat b/c you waited too long!  Call me

when you get a chance,

724-323-4656

Permalink Reply by Frank Walker on August 1, 2012 at 8:14am

Marge

It's very unlikely any company would drill your 29 acres without a lease.  I would be shocked if that happened.  And you would be in the tall alfalfa.  You could sue 'em into oblivion and make their lives miserable.

OTOH, sadly:

It is not necessary for a company to drill your 29 acres in order to access your mineral wealth.  PA is a Rule of Capture state, and that includes all of Fayette County without exception.  Each and every acre of land you own is controlled by Pennsylvania's Rule of Capture.  So:

They drill near to, but not beneath, your 29 acres.  Then they do a frac job on the bore they drilled.  Doing something like that could release some of your gas, which would then flow away from your property to their well bore and on up to their well head . . . not on your property.  This is legal in PA.  It should be illegal.  But it is legal.  

Permalink Reply by Marguerite Blanc on August 1, 2012 at 9:17am

W e had a lease proposal in 1999 from Enterprise Resources Corp. (many family members involved in this) nothing done, then another lease prospal was sent to us in 2002 from Atlas Amerizca, Inc. (haven't heard anything about this one).  Not sure if they did not want to deal will all the heirs involved or what.  Then my brother in law was in Lambert a couple of weeks ago, tried to get information from the Court House in Uniontown, Pa. , they said they couldn't help him, we have the papers and will for the mineral rights on this propery.  My brother in law couldn't get any information from Chevron Security on the site of the two rigs.  If they dig horizonally and pull gas beneath the surface, of which the mineral rights belong to us, you say that this is legal.  They must have tested for gas in 1999 and again in 2002, otherwise why would they send us a lease to sign?

Permalink Reply by Frank Walker on August 1, 2012 at 1:39pm

Marge

They will NOT drill your property.  Period.  And they will not "pull" gas from beneath your property.  That's not how it works.

Instead, if they frac your shale, your gas will flow of its own accord  to their well.  Once that happens, the gas belongs to them.

The PA Rule of Capture goes way, way back in history to water wells.  In those days, and still today, if I drilled a water well on my own property, but close to the line, and draw water from my well that taps water underground and beneath your land and free to flow, then that's my water and you cannot do a thing about my taking the water.  That's PA law.  The only option you have is to drill your own well and take whatever water you can get before I get it.  But you cannot sue me for taking "your" water.  Because once the water flows underground over to my well, it belongs to me and no longer to you.

I have had this happen to me both with natural gas and with water, too.  Years ago a large agricultural operation came in near to me.  They drilled huge wells and have sucked up thousands of gallons of water each day for all their animals.  I've been lucky so far though we've not had overwhelming drought yet.  But regardless, if my well dries up on account of them . . well . . that's my problem not theirs.  It's their water if they capture it.

And with natural gas our PA Rule of Capture is a key reason I leased.  My gas company was drilling right next door.  Had I not leased, they likely would have got my gas anyway.  I figured I might as well get paid rather than lose everything.  They leased me and, as things turned out, I did get paid.  

Permalink Reply by Marguerite Blanc on August 1, 2012 at 2:33pm

So what does the word Mineral Rights mean in Pa.?  The surface land belongs to somebody else, but mineral rights under the surface belong to us.   Can an oil company drill on property  down so deep, that then they go horizontal, pull minerals from the person that has mineral rights, and it is legal?

Permalink Reply by Jack Straw on September 2, 2012 at 9:05pm

Check out: http://law.psu.edu/_file/aglaw/Rule_of_Capture_in_Pennsylvania_Oil_...

It might explain some matters that might currently confuse concerning the PA "rule of capture".

 

JS

Permalink Reply by George Mac Pherson on August 4, 2012 at 9:38pm

Chevron bought out atlas a few yrs back so if u signed w atlas u may still b leased

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