Pipeline ROW Recorded at the Courthouse Even Though Route Changed......?
Back in July,2012 me and some of my neighbors signed pipeline agreements with Markwest.
I was paid a $10.00 signing fee for the agreement and $10.00 apiece for two workspaces. This was just the customary signing amount , not the agreed amount to be paid for actual work.
It came to pass that the route was re-directed a couple of miles south into northern Beaver County,PA. This line is under construction now.
Several months later , in early 2013 , I noticed these row agreements were recorded anyhow at the Lawrence County Courthouse.
My question is if this is customary or was I hoodwinked? From what I can gather from my documents , the workspace agreements are only good for two years , so what use is the row without them? Am I stuck with a tentative row that may never be utilized and is this land tied up and useless to me from here on out?
Has anyone else reading this encountered a similar circumstance or is this unique? Perhaps someone can recommend a good lawyer I could contact regarding this.
Perhaps I am missing something , but this situation seems very fishy to me.
Views: 542
Replies to This Discussion
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Permalink Reply by Mark McGrail on
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Trapper,
What was the term of the agreement ?
When the term of agreement runs out and the ROW has not been used you need to contact the company and tell them the agreement has expired, and ask that paper work for a release be filed at the courthouse.
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Permalink Reply by Trapper on
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Other than the work space termination at 2 years , I cannot find any language pertaining to time. I assume that two years must be it. July 2014 will be two years.
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Permalink Reply by 0ym9x5ag7ury2 on
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Trapper,
Below is a good write up on what you should have known before dealing with a pipeline land man. There may be some info that will help you with your issue. Hopefully you will be able to get out of your a ROW contract, but by reading the below information you will have a better idea of what you signed over and the probability that a company would give it back to you.
Pipeline people came through our neighborhood trying to collect signed ROW contracts from us. I'm sure those who signed were victims of another type of theft that goes with the oil and gas industry.
For those who have not heard by now, let me be the first to say: "NEVER SIGN ANYTHING WITHOUT FIRST HAVING AN ATTORNEY READ IT, then don't sign it, period. The only way your best interests will appear in a contract is if your lawyer writes the contract, whether It be a lease, ROW contract, or sale of your minerals. Never sign a contract written by an oil & gas or pipeline company.
"If a Rattlesnake came to my door I would want to know how to handle it before trying to pick it up."
Hopefully those who read this will learn from your error.
What Land/Surface Owners Should Know
When a Landman Shows Up
And Wants an Easement/Right of Way
To Put a Pipeline Across Your Land.
Prepared by David B. McMahon • Attorney at Law
Concentrating in Oil and Gas for Smaller Mineral Owners
1624 Kenwood Road, Charleston, WV 25314
Voice/VoiceMail 304-415-4288 • Fax 810-958-6143
E-mail: wvdavid@wvdavid.net
© May, 2010. David B. McMahon, J.D.
Contact the author for permission to distribute.
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Permalink Reply by Tim Tarr on
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I have similar situation in Washington County. Signed in 2009 and not recorded until 2013 .If they try to use that they're going to have a problem. It has expired (Null and void after...). I talked to main office in Denver and Landman that did current ROW's (signed after 1st one expired) and was given a song and dance about "House cleaning" in local office.
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