Replies to This Discussion

Permalink Reply by Pissed in Winterset on May 24, 2013 at 6:02am

I see this thread hasn’t been updated in a while, just wondering if there are still people who hadn’t been paid by Shell, or if anyone sought legal action against Shell/Mosser/Holland, and if so, what action did they take?  I was part of the original group. I only had 1 acre in Madison Twp.  My situation was unique because I sold the property and mineral rights in March 2012.  I had language added to the deed that stated I was due the bonus from Shell according to the lease and that the new owners would receive the mineral rights and any royalties. 

I received letters last summer from Shell stating my lease had been canceled and asked me to sign the enclosed form if I wanted to re-sign a new lease with Shell.  I contacted Holland to explain my situation and I got the run around for a couple of months.  They stated that my deed was specific to the original lease and that I would be unable to sign a new lease since I no longer owned the property. They basically said I was out of luck. 

Then in November I got a call from a Gibson guy who said he represented the company that was taking over for Holland since they had screwed things up so bad—I think the company’s name was Southeastern?  He told me the same thing, that what was recorded in my deed was specific to the original lease and that the only way I could get paid was to get a “designation of payment” document prepared by a lawyer and signed by the new owners.  He promised me I would be paid.  It took me a couple of months to get all this worked out on my end.  When I finally did, I called Mr. Gibson back and he told me Shell was not going to pay me.  He basically told me that Shell was simply walking away from all unpaid leases and washing their hands of them.  How can a billion dollar corporation simply walk away from a binding contract?? 

I do not plan on giving up on this.  I know it is only $5000, but that money is very important to me due to some issues I had selling the property.  I’m tired of being treated like shit and being stepped on by big companies.  Any advice would be greatly appreciated.   My lawyer was working on my behalf and presented me with some information in March that indicated I could still be paid.  But I do not have the funds to continue to pay my lawyer in this goose chase.  I contacted Mr. Mosser in January and got an initial email response, but any further attempts to contact him by phone or email went unanswered. 

Permalink Reply by evan on May 24, 2013 at 6:44am

Sounds like you have a situation that is a no win situation. Probably not worth all the headaches just for a couple thousand after your attorney is paid

Permalink Reply by Tony Yurina on May 27, 2013 at 3:06am

If Shell recorded your lease then I think you have a contract locked up solid.

The dollar amount in dispute fits small claims court, this might be a consideration.

Shell leased me, my land is situated in the sweet spot fairway, they recorded my lease, I patiently waited one year and was never paid. When Southeastern Land took over for Holland, the landman stated I would need to begin all over with a new lease..... I had enough of this game playing by then and demanded a release of lease or litigation would begin on a certain date.  I wasn't going down the aisle again with Shell.   

I was given a release of lease recorded and paid for by Shell / Southeastern.

I dealt in good faith, waited patiently in good faith and ended my relationship with a company who through my experience was very not so forthright in their dealings.  I am happy Shell is out of my picture.  

My family and relatives and I drive past all Shell gasoline stations now, this is one case I don't mind paying a penny more per gallon for a fill up. 

Permalink Reply by Imelda stanley on May 27, 2013 at 6:58am

We had two parcels same lease with a problem with Mid Ohio Coal on one parcel and Shell held on both parcels. After securing title searches back to 1834 Shell paid in April on one parcel just as they were closing Southeastern and running out of $$. We had to release second parcel prior to payment. Hand written ck recd within a week after signing release papers. We are now moving on to the mid-Ohio foreclosure issue. I was told because of being in the original group was why we were paid.

Permalink Reply by kimberly Ann Bates on May 30, 2013 at 12:59pm

I haven't been paid and we signed in Jan 2012. Tried to contact Holland and they told me they weren't dealing with shell any more and mosser never returned my call. They just told me I wasn't on the list. But never told me what list or how I could get on it. Not sure what to do now.

Permalink Reply by evan on May 30, 2013 at 1:47pm

Kimberly I would contact Carrrizo , their currently leasing in Wills as is Rice energy

Permalink Reply by Imelda stanley on May 30, 2013 at 3:15pm

The list was the original owners that negotiated the contract We signed in October 2011. We were on a list of owners that met at a church early in 2011. Shell then opened to everyone but in the end they were only honoring the original participants. We were paid for 15 acres and Shell released the remainder. If we can clear title we will negotiate with someone else.

Permalink Reply by Pissed in Winterset on June 3, 2013 at 6:40am

Imelda, were you dealing with Southeastern when you were paid, or dealing directly with Shell? 

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