When leasing came through our area , O&G co. Offered some landowners mineral leases that includes surface rights.   most of my neighbors knew what this meant and had them remove it from their lease, others signed boiler plate leases with the surface rights usage included.  A neighbor in the area has just been included in a drilling unit.  She is now afraid that the oil and gas companies will have access to her surface rights forever once the well is drilled.   I believe her original lease was with Chesapeake but it was sold.   I told her it probably depends on the language in the lease and who is interpreting it .   I requested to get the page from her lease that describes the surface right usage .   It does NOT appear that the oil and gas companies will even have to step a foot on her property to drill the well, Or to get to and from the well.    

Anyone had any experience with this?  I know it probably depends on the exact written language in the lease.   

 My neighbors main concern is if she would try to sell the property having a surface right lease attached to it would be problematic .    Any thoughts? Thanks for your reply , I will try to post the lease language once she sends it to me.

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I hope anyone who reads this can tell the fact from fiction ( Conspiracy Theory) in Hale's response. The Real Estate Case only dealt with the fees to the Landman who was not a licensed RE agent.  And had no bearing  on the validity of the lease. As in all Real Estate deals if it is not in writing in the agreement it does not exist. Surface rights and compensation must and usually is in the lease..

Thank you for the clarification.


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