Does The Surface Owner Have Rights If They Don't Own The Mineral Rights ?

If your property is unleased and you sell your oil and gas rights, do you have any rights when a lease is signed?

If it were me selling my rights (which I would never do) I would have a clause in the sales agreement that I have some control over the the terms of any future lease. If I cared about the surface of the property, because I live there or I use it (say farming) I'd want control of any activity on the surface.

Just a question.

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Permalink Reply by Philip Brutz on April 5, 2014 at 6:43am

What if the surface owner retains over 51% of the mineral rights?  Would the surface owner be able to have control of the terms of any future lease? 

Permalink Reply by evan on April 5, 2014 at 7:24am

I checked into that Philip. It doesn't seem like it would help as much as you would think .  Most of these companies who end up with your mineral rights have connections and free legal rep. If you know what I mean .  According to some of these companies I've gotten to know pretty well

Permalink Reply by Mark McGrail on April 5, 2014 at 1:01pm

Jim,

I suppose that depends upon the interpretation of unreasonably.

After all we saw a debate over what the meaning of "is", is.

Permalink Reply by Philip Brutz on April 5, 2014 at 6:33am

The WV Surface Owners’ Rights Organization is an interesting site on this topic.

http://wvsoro.org/

Permalink Reply by Mark McGrail on April 6, 2014 at 6:36am

Phillip,

Very interesting.

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