Could this happen?

I own 30 acres of land that is hbp.  I hunt on the land and want to build a house on the land.  The only spot on the parcel that would be suitable to build a 5 acre level well site sits on top the hill 1500 feet from the road.  In order to build an access road to this well site and keep it on my property would require going through a swampy bottom and up a steep hill.  This access road would not be cheap to build and easy to drive on.  From the proposed well site a level access road could be built to a side road but would have to cross my neighbors property which is also hbp.  So to make a long story short, can a company put a well on my property and then take their access road 500 feet across a neighboring property in order to make a better road?  Has this been done anywhere or does the well site and access road have to stay on the same property.  Both properties are hbp from old clinton wells.  Chesapeake and enervest hold the deep rights to both properties and much of the area. All leases in this area are pretty much standard of what most old leases were.  12.5% at the mouth of the well and pretty much whatever they want to do with the surface

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Permalink Reply by Paul Martinelli on December 10, 2012 at 8:22am

It all depends on the leases....but more than likely, yes it can happen....the road could come across your neighbors to the well pad on your property.

 

I'd get busy documenting intended house building site and such....that may protect you site from being used.....  Consult a Lawyer....I'm not one.

Permalink Reply by Jimmy Wilson on December 10, 2012 at 8:30am

Agree with Paul read your lease, sometimes roads, pad placements were subject to landowner approval (consent) of course always not to be unreasonably withheld....

Did they ask you to sign the ammendment to increase your acreage pool to 1280 ?

 

Permalink Reply by BMR on December 10, 2012 at 8:30am

Yes, it most likely can happen.  The chances are not great being that you only have 30 acres and they would most likely have you in a pooled unit of 640-1280 acres, hence a greater chance the well site is elsewhere.

Drill your water well up there now and that could prevent them from using that area as a pad.  Also, if your lease is 640 or 160 acre pooling, request a non-surface lease when they come to you for an amendment.

Permalink Reply by Mickgyver on December 10, 2012 at 2:30pm

Hello ,yes this sounds as if it can happen as long as the company holds the lease on both places ,in addition according to what I was told ,with the new oil and gas laws ,the vertical portion of a horizontal deep well can be placed on one piece of leased property and since it takes several acres for the drilling to reach the horizontal position at the depth they go where tha actual production is coming from , the well site property may not end up being included in the production unit and the landowner where the well is located may not end up getting any royalties, only the initial well pad fee for the life of the well ,this is also depends on how the lease is written which may or may not cover this problem. This is very sad for some

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