can an oil & gas company come on your land without permission if you don't own the mineral rights on the land but you own the surface ?

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William,

Do you own the surface lease? It will state in the lease what surface options are in play. If you don't own the surface lease or mineral rights, you're pretty much screwed!!

lewpa I own the surface .the mineral rights were sold by the previous owner and were leased in march of this year .no markings on the truck what so ever and my land is posted they drove down a quad trail in broad daylight      thank you for replying 

They have a right to recover the minerals/gas/oil, but I believe they must still respect your ownership rights to the surface/access.  I know in some cases the mineral owners may have the right to rip up your surface to get the gravel/coal/minerals, but there must be some "process" to be able to do that, otherwise your surface ownership is meaningless.  The most you can do is call the police and have them charged with trespass, and that might at least get them talking to you.  If they want to use your surface to access the minerals then you should be compensated.  Now if they want to drill under your land from a neighbors property to get their gas/oil, you have no say in that, but actually using your surface is different.  I am not a lawyer, but perhaps you will need to speak with one.

yes that's what I thought jed.you never seem to catch these people red handed .if I catch them I would block them in and call the police you never know these days when you own a piece of land you always have trespassers.  thank you for your reply jed 

Yes, speak to an attorney. In WV vertical wells fall under reasonable and necessary, but pad sites require surface use agreements, and generally if going horizontal make them pay you and define parameters

It depends on a number of factors. If the mineral rights were severed from the surface rights after the lease was granted there may be easements that allow them to, for example, place a collection pipeline. In that case they would have the right to come on the surface for surveying and to install the pipeline. It all depends on the terms of the lease, when the mineral rights were severed, etc. IANAL

Mike

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