Farm acreage leased with Antero: 3 years later we learn we have 3 more acres

We signed a lease with Antero 3 years ago for our 101 acre farm.  They paid us.  No problems there.

However, we just surveyed our farm so it could be sold and were told yesterday from the surveyer that we have 104 acres.  Do we need to let Antero know?  Would they have to pay on the additional 3 acres?

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Permalink Reply by Peg Murdock on June 24, 2015 at 6:13am

I wonder if I can get the lease money on those 3 acres.  We were paid $5,900 / acre for the lease to begin with.  If anyone knows, let me know.  Thanks, peg

Permalink Reply by The Hiker on June 24, 2015 at 11:44am

My neighbors had a similar issue with the survey and contacted Antero.  I believe they fixed it and paid them for the extra acres, however I would call them and get the ball rolling ASAP.  They seem to be very fair about these things.   Be aware that what is on the deed does not usually match the actual measured acreage.  Antero sends out surveyors with GPS and does their own surveys using available pins and benchmarks, etc...  Take a look at one of the unit plat maps and check the many differences in acreage numbers; "Deed" numbers and "Calculated" numbers are shown for each landowner in the unit and most do not match.   Many 1-3 acre differences are shown, sometimes to the advantage of the landowner, sometimes not.  Best of luck.

Permalink Reply by Suzy on June 29, 2015 at 7:56am
Hi Peg. I just realized you got a high dollar amount per acre. Do you also have surface rights? We only got $1,000 per acre for just mineral rights. You go girl!!
Permalink Reply by Peg Murdock on June 29, 2015 at 9:37am

We got everything but gravel, bluestone, and coal.  They were paying top dollar a few years ago, especially in the Utica.

Permalink Reply by Philip Thackray on June 24, 2015 at 11:54am

If the new survey came up 98 acres would you give the money back?

Phil

Permalink Reply by Peg Murdock on June 24, 2015 at 11:58am

I would do the right thing.  yes

Permalink Reply by The Hiker on June 25, 2015 at 12:58am

But I doubt that Antero would ask for it back

Permalink Reply by Paul Martinelli on June 25, 2015 at 1:34am

So....what should you be paid on?

From the County's Auditors site:
Assessed Acres
or
Calculated acres

And why are they different?

Permalink Reply by Peg Murdock on June 25, 2015 at 1:42am

Calculated.

For years all the deeds showed 101.15 acres.  The new survey just finished yesterday found 104 acres

Permalink Reply by Suzy on June 25, 2015 at 6:20am

Good Morning All ...

It is so nice to have a place to chat.  Thanks for input on the difference in actual acres..  I have one for The Group. MH is selling its Leases with our family farms to Antero and it is suppose to be finalized in Mid July.  I got a call yesterday from Triad Hunter and they said we have to 're-sign' a Deed.  They had pulled parcel 11 into the group of lots and found out that we were suppose to be signed off on parcel 10 and not parcel 11. They want to clear up the mistake.  Of course, they didn't call it a mistake.  It has been 3.5 years since we signed those leases. Do we wait for Antero to find the error or are we suppose to re-sign?  Any ideas?

 

Permalink Reply by The Hiker on June 26, 2015 at 2:25am

My lease with Antero had a typo; they had the wrong township listed for our property and asked me to sign an "addendum" to clear up the mistake (theirs).  The paper I received appeared to be a generic one and had language that conflicted with the language in our original negotiated lease....lots of language in fact.  I told them I would sign a piece of paper that only said "the purpose of this document is to clear up a typo on the original lease to correctly place our acreage in the correct township" (or something like that)...and that's it.  No more language.  They sent another version and It still had too much other language, so I refused and told them to try again.  This time, one of the not-so-nice folks at Antero threatened me via email and pointed to a clause in the original lease that stated I would sign any document in the future to correct typos (something like that, anyway..not the exact language.  I looked it up, and yup, it was there in the lease), and I told him "sure, I will abide by the lease, but I'm not going to agree to anything that was not in the original lease".  I finally got the document I wanted and ran it past my attorney, signed it and went on with life.   The points are:  (1) your lease may have a similar provision to sign additional documents "to perfect Lessee's title to the oil and gas leased herein", so yes, you might have to resign if thats how the original lease language reads, (2) read carefully any document they send you to sign and make sure you're not giving away something not in the original lease, and (3) have an oil/gas attorney check it out.

 Antero is buying the MH lease you signed as written, and therefore is bound by it's provisions.  You do not have to agree to some new Antero lease with new provisions, etc...  If Antero want this from you, then it's time to ask "what's in it for me"?  If it's in your interest (more money, better protections to the land, etc...), go for it.  Otherwise, you only have to sign such documents as spelled out in your original MH lease to perfect title.  No more. No less.  See an Attorney.

Permalink Reply by Nancy Mosley on June 26, 2015 at 3:07am

Agree 100% Hiker, thanks for writing this. Excellent information, and See an Attorney is very important.

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