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Permalink Reply by Jack Straw on December 1, 2012 at 3:04pm

RE: “Has anyone been able to negotiate for just 1 pipeline on their agreement?”

Yes, any desire on the part of Markwest for the potential to install larger or additional pipelines in the future should be addressed in a separate future agreement.

 

RE: “Is the following statement one which makes us liable: "Grantor represents and warrants that those persons signing this Agreement are all those necessary to fully transfer and convey the rights set forth in this instrument to Grantee, and Grantor herein binds itself, its heirs, executors, administrators and assigns to warrant and forever defend said rights unto Grantee, its successors assigns, from and against any person claiming the same or any part thereof" ??”

 

Yes that would potentially make you liable for any mistakes/omissions made by Markwest in their title search. A Pipeline Easement will be attached to your deed and be an encumbrance upon your property.   Markwest have their own professionals to research title and are in a better position than a Landowner to find potential title issues. If the Pipeline Company makes a mistake in its title research, the Landowner should not suffer.

You should not (under any circumstances) warrant the title, it is Markwest’s responsibility to follow the title back the 150-200 years necessary to prove clear title. They have the people with the expertise and experience to do this (not you).

Please do not agree to or sign anything that has not first been reviewed by an Attorney (with O&G  experience) who represents your sole interests - and insist that Markwest reimburse you for reasonable legal expenses.

 

All IMHO,

                     JS

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Permalink Reply by Rob Rotz on December 2, 2012 at 11:25pm

Are you dealing with the tri county to hendrysburg trunk line ? This is a line they want to put across me. 75 ft wide with up to 4 lines. I will neg. for the row and one line. Other lines will be paid for at a later date unless the offer for all four exceeds my wildest dreams ... This is in Monroe, guernsey, Belmont ....

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Permalink Reply by RO on December 4, 2012 at 7:24pm

Guernsey Co.  We haven't heard from them for a few days now after we gave them our terms.  They are going to have to want our land more than we want to give it to them.  Here's the thing: it's a one time payment (and not a very good one), no royalties (like you get with the O&G Co.) for the use of your land over the years if they actually put the pipeline on your property, AND they get the ROW to your property for as long as the pipeline exists (forever?).  Offer needs to be very good for us to go for that!

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