Rights of a surface only owner

Like the title says, I just bought a farm without thhe oil/gas rights. I know I can't do anything about a well, but what other rights do I have? For example, when it comes time for a pipeline lease, which has not been signed on this property, I would ahve controll and ownership of that, correct? Anyhting else to be aware of?  Thanks

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Permalink Reply by Ann on May 5, 2012 at 9:07am

Shell is routinely testing water wells up to 4500 feet away from any new wells being drilled.   This was mentioned in a town hall meeting that Shell conducted a few weeks ago.

Permalink Reply by Betty on May 5, 2012 at 9:20am

Was this recently?  I'm between two gas wells (inlcuded in one unit) 1500 and 1700 ft from my property and Shell refused to pay to test my water well.  I had to pay to get the appropriate testing. 

Permalink Reply by Lance Nimmo on May 9, 2012 at 9:06pm

Also, is there anything that can be done to prevent a well on one's property if you don't want a well on it? Since I'm going to be surface only owner, I'd like to hear some ideas. Message them to me if you prefer. 

Permalink Reply by Jack Straw on May 9, 2012 at 9:24pm

What State are you in?

If you are in PA, as of late April, no horizontal well head within 500' of occupied dwelling and no horizontal well head within 1000' of water well. There are also setbacks associated with streams and wetlands.

If in PA, consult PA House Bill 1950 for new setback rules.

For Ohio, check with ODNR for setbacks.

For other states, check the appropriate agencies.

If you are only the surface owner, the subsurface belongs to someone else - they have a legal right to reap its benefits - and you have a moral right to allow them to access what is theirs.

 

All IMHO,

                  JS

 

 

Permalink Reply by Lance Nimmo on May 9, 2012 at 9:31pm

Lol! A moral right? have you seen the size of a well pad and access road??? Total destruction.  If the neighbor wants his farm decimated great, they can Frac under mine. No thanks to a well! And yes, I'm in PA. Thanks for the House Bill info.

Permalink Reply by Jim Litwinowicz on May 9, 2012 at 9:35pm

Lance; The bad news is that they have the right to enter upon and work on your land as they see fit. And the worse news is that, depending on how the lease is written, they may not have to pay you for any surface damages....even crop damages.

I would strongly advise getting a copy of the lease and have an attorney review it before that start drilling.

Permalink Reply by Jack Straw on May 9, 2012 at 9:57pm

Some further information that might be of assistance can be found at this site:

http://www.pipelineattorney.com/blog/51-i-am-the-surface-owner-but-...

This is an Attorney's web site and favors their agenda; but, you might find some of the generic advice applicable.

My disclaimer: I have no conection with this Attorney nor do I endorse him (or anyone else). 

Al IMHO,

               JS

 

Permalink Reply by Jim Litwinowicz on May 9, 2012 at 10:15pm

Reading that article confirms what I said....the driller has the right to access the property and drill a well(s). What I would like to know is the limitations on surface activities if any.  Can they put in compressor stations, foreign pipelines, regional storage ponds, or more?  Can they use the property for storage of equipment or materials? Or are they limited to a minimum use to drill and complete the wells? And if so, who determines that minimum activity?

The Vindy ran an article two weeks ago stating that Mr Buell, owner of the Buell farm with the famous CHK mega well, got not a single penny....not even crop damages for that well as the rights are owned by a coal company.

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