Our land is being drilled under!

We just found out our land is being drilled under in Clinton District, Mon county, WV.

Chesapeake has drilled 3 wells on the same property and the first one has passed right under our land not far from the wellhead.

We found out by contacting the DEP rep who sent us the plats. 

All along we have wondered about this because the land is not quite a mile from us. 

We matched it all up and they are indeed below us.

So, now what do we do?

Thanks!

 

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Permalink Reply by JK on November 9, 2011 at 5:36am

There are no wells on the property and there are no leases in place at this time.

Permalink Reply by Todd Charles on November 9, 2011 at 4:16am

If you do own your O&G mineral rights - and they are not encumbered by an old lease (do you get "free gas" - or is there an old gas well on your property) then you are entitled to royalties.  But if your mineral rights are "being held by production", then you are held to the terms of that old lease.  Chesapeake may have purchased your old lease for your shallow well gas, I don't know, but it's mind boggling to think they could have "missed" you - given the extensive title work that goes on before a production unit is even put together.

Permalink Reply by JK on November 9, 2011 at 5:38am

We are surprised we were missed by Chesapeake too.

The surface owner thought they owned it all but they do not.

As stated before, there are no wells or leases in place.

Permalink Reply by Jim Litwinowicz on November 9, 2011 at 6:28am

I'm really confused.  Are you the surface owner? If not, did the surface owner sign a lease thinking he/she owned the rights?  Or fraudulently signed a lease?  Did CHK do a poor job clearing title?  Do you and the surface owner dispute the gas rights ownership?

If you are the surface owner and there is no lease in place, have you contacted an attorney? Or the state agency with jurisdiction? Filed with a local court?

If I were the owner of the gas and oil rights and they were drilling  without a lease in place, I would immediately have an attorney on the case.  I would ask for an injunction stopping all activities immediately.  These rigs are way too expensive to have sitting around for months while the attorneys fight it out. If I was granted the injunction, I would then get the best lease the country has ever seen since they would be under extreme pressure to reach an agreement very quickly.

 

Permalink Reply by JK on November 9, 2011 at 6:48am

We are not the surface owners, just the mineral rights.

The surface owner owns alot of land and I am sure this is an oversight.

I would like to ask for references on a really good attorney for WV.

 

0l1a6laz7smpfPermalink Reply by 0l1a6laz7smpf on November 9, 2011 at 5:54am

JK,   are you telling us that this drilling under your land is without legal permission under contract?   And being done off an adjacent parcel to your lands?   Have you spoke directly to Chesapeake for their oversight of the matter?  With all the publicity and even 10K of users on this gomarcellusshale site, it would behoove them to get with you all immediately and settle the situation.  Many of us that are waiting for even our leases to have the process of drilling and obtaining NG for royalty payments are shocked if Chesapeake can be drilling under one's land without the owner's permission.   Not a good business tactic so surely it is an oversight...or is it?

Pls do tell us what happens in your follow up with this matter.

Permalink Reply by JK on November 9, 2011 at 6:50am

There has not been any permission given nor any contact for a contract.

It has been 2 hours since I called Chesapeake. No reply yet.

I think it may be an oversight with both driller and surface owner.

Permalink Reply by JK on November 9, 2011 at 6:55am

I seriously need an attorney contact, preferrably here in Mon county.

It has occured to me to get a high signing bonus and high gross royalties.

We do have a lease in place on another large parcel we own but that lease was done many years ago when folks did not know what they had so anything sounded good to them. A lot of money was left on the table then.

Now we are educated.

Permalink Reply by Barbara on November 11, 2011 at 4:37pm

in penna one's acres do not have to be contiguous to be considered as one parcel by the gas leases.  if they contract for part of your property it includes other places you own in terms of agreements, amt of royalties, etc..  perhaps something like this is in place so that the property you are concerned about IS considered 'leased'??

0l1a6laz7smpfPermalink Reply by 0l1a6laz7smpf on November 9, 2011 at 6:58am

an oversight maybe...   which of you would plan to build a house and send your workers to build on your neighbor's lot instead of the one you purchased?

however, if you can work out this with Chesapeake..and soon, they may give great favor for their error (if it is an error) and you do see the need to read and review each clause and understand each clause before signing.   Look up each clause term on this website and in your local group even if you retain an attorney or gas/oil agent.

Permalink Reply by JK on November 9, 2011 at 7:03am

I agree this site has been a God-send to all of us in getting educated.

I realize we do need a good attorney to guide us and are searching for one NOW.

Please contact me if you can recommend one.

Thanks.

 

 

Permalink Reply by Jim Litwinowicz on November 9, 2011 at 7:11am

I would contact Stonecipher Law in Pittsburgh.  Many of these large firms have attorneys  licensed in neighboring states.  Even if they don't have an attorney licensed for WV, they should be able to refer you to one.

Also, try some other of the large Pittsburgh law firms for the same reason.

Good luck and keep us posted.

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