Replies to This Discussion

Permalink Reply by FairMktValue on November 27, 2013 at 6:38am

Unless you have signed a surface lease with them I do not believe you have to let them on your property.

Should you ?   Your call.

Permalink Reply by patricia on November 27, 2013 at 6:50am

No,  I have 49.5 acres and have not yet signed.

Permalink Reply by LewPa on November 27, 2013 at 7:12am

They can't come on your property without your consent and compensation from them to your approval in writing. If you ever wanted to sigh a lease with XTO, now would be a good time to be talking to them, you have some leverage for some good terms!! But whatever you decide,TALK TO A LAWYER BEFORE YOU SIGH ANYTHING!!

Permalink Reply by Robin Hood on November 27, 2013 at 7:53am

I would be very cooperative with them and as long as they are willing to contact you every time,  24 hours before coming on your property, stating the intent, and the duration. Then when they arrive and leave your place they must knock on the door before and after or leave a note if you don't answer the door. Make sure its all done in writing.

You don't want to have them avoid you as an difficult landowner. There are just too many other places to drill. Of course if your willing to wait the price for energy is very low.

Permalink Reply by patricia on November 27, 2013 at 8:34am

Thanks,  I am printing you info to have on hand. I believe the guy across the road from me is where the drilling is going to be.  They would be going under my land if they go from East to West toward the wells that are true West about 1 mile having producing wells.  If they go from West to East the wells are further away.

I want to put the oil rights in an irresistible trust.  Any suggest on a good lawyer:

Thanks all, Patricia

Permalink Reply by FairMktValue on November 27, 2013 at 10:45am

Patricia,

LewPa and RH -good advice above.

I am surprised that if the are going to put a pad that close to you that they have not attempted to lease you yet. ( I am just assuming that they have not)

I don't really know why they need to survey on your property if you are not signed. Could be a variety of reasons, It is possible that a future well bore is planned to go under your property, could be verifying distances from streams etc., hard to say.

Around here they generally drill almost directly on a NW/SE angle. Check out that angle and see what it looks like. (Google Earth is great for that - really gives a good look)

Right now, from what I am hearing everybody (XTO, REX etc) is lowballing on lease offers.

You might even get the "we have you surrounded" spiel from the land man or take this offer or we will just drill around you. 

Don't really know you situation so I am going to stop right there. As Lew says...

TALK TO A LAWYER BEFORE YOU SIGN ANYTHING!!

Cheers

Permalink Reply by patricia on November 27, 2013 at 11:43am

I need to put everything into a trust before I do anything.  Have not found the right trust attorney.  Thought a couple times the bank was sending someone.  I did use one attorney only to find I need an irreversible trust.  Instead I got a Reversible one. Therefore when they come I can do nothing.  You mention streams, I have a small stream through my land.  Although if they want to lowball me then they can forget drilling under me.  Last summer a landman who came from DuBois to collect all the loose land and  did not like it when I told him I could not sign.  He informed me then they would just drill under me.  I told him I did not appreciate high pressure and he knew where the door was. I was told early on they needed my land to be able to drill across the road.  They won't if they go the other way.  Which would be going North East direction. My neighbors on each side have never even been approached.

 

Permalink Reply by FairMktValue on November 27, 2013 at 12:16pm

Patrica,

That land man is full of it. First of all they can not drill under you - that is trespassing. They can drill the horiz bore right up agin your property line but not directly under. They will be sucking gas from you - but that is the law in Pa - OH has a 500' setback. Pa laws need updated. I maintain that the "frack" is trespassing - but that is a whole nother story....

Bravo for the "don't let the door hit you in the butt on the way out"  lol

If and when the well is permitted as JL says below the actual plats are available

But..... being they were so smart ass .... I would not let them survey on my ground without some plats or maps.Hey thats just me, that high pressure stuff just gets me wound up.

Hopefully the fact that they are at least thinking about drilling close by the will get serious and make you a fair offer. 

Cheers

Permalink Reply by Oliver Perry on November 28, 2013 at 4:04am

Patrica,

They never drill in the northeast direction. They only drill in the northwest and/or southeast directions from the well pad. With that knowledge, you might be able to guess where you fit in to the planned XTO unit. I understand if you want to maintain your privacy by not disclosing the exact location we are talking about here. But if you mentioned the general area, like a specific township it might help. 

You can check to see if any new permits have been issued in your area at this DEP website:http://www.portal.state.pa.us/portal/server.pt/community/oil_and_ga...

You can also sign up to be notified by email of any permit activity, including when permits are initially applied for at this DEP site:http://www.ahs.dep.pa.gov/eNOTICEWeb/

This site is especially useful to stay on top of what is happening in your specific area. Well plats are available from the DEP when the permits are first applied for. You could get the plat if you saw a permit applied for on the land across the road from you.

If it was me, I would be happy to let them survey my land for a future unit. It would seem to give you some leverage for lease negotiations since you are not yet leased. I don't see a down-side to allowing it, but I could be wrong.

You should consult with an attorney. I have heard that Ron Coyer in Slippery Rock is very knowledgeable and reasonably priced in oil & gas issues. I will be consulting with him when my time to lease finally arrives.

Good luck to you and let us know how things work out for you.

Permalink Reply by patricia on November 28, 2013 at 4:51am

Oliver,  I am going to stay on the site with you till I send.  I keep trying to move between messages and lose what I have written.  Did it twice.  I have copied  the sites you gave.  I signed up for the emails 

I live in Jefferson township between Hannastown Rd and Saxonburg.

Ron Coyer is from my husband's home town.  I will contact him and the Will White to see if they do the kind of trust I need.  

Thanks so much Patricia

Permalink Reply by J Landowner on November 27, 2013 at 10:16am

You can get the plats for any well pretty easily so don't fret if they will not accommodate you.

Permalink Reply by Philip Thackray on November 27, 2013 at 12:11pm

Patricia,

Was the XTO Landman John Maloy?

You said that this site (MarcellusShale.com) mentioned plans to drill on the “property across the road from me” a couple of summers ago.  Do you have a link to that thread and/or know the name of the landowner?

Regards,

Phil

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