Question I hope someone can help.  My wife and I live up on Dement Road, Chesapeake has a producing well about 500 yards from our house, and now another one is visible from our house, that is located off of Peter's Run.  We own about 3 acres of property with royalties.  Chesapeake sent us a lease about 6 months ago and of course everything in that lease favored the company.  We had it reviewed by our lawyer and was told to add some amendments and have Chesapeake review and rectify the contract and we would sign.  At that time the landman said Chesapeake does not negotiate so we said we would not sign.  The company now distracts the minerals from under us without a contract and without giving us royalties.  Can anyone on here tell us our rights, or were to turn for help on finding out our legal rights against such an act? 

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 How do you know they are pulling minerals from under your property? Are they paying the other people in your pool? Have you discuss this with the lawyer that reviewed your contract?

That is why I am on this site and asking questions.  The lawyer said first we need to get a map of our pool to find out how far they are drilling into our property.   It is pretty obvious by the location from the site that horizontally they must be under our and several neighbors sites.  I can tell by watching the transportation and activity that the sites are producing. My questions are were to I get the drilling maps, and how I go about the process of discovery. 

 The city records department keeps records on each well pad drilled in ohio co, I got a map of our pool there. also there are websites that sell maps of drilled wells and the direction they are drilling in wv, that might help. My well is producing as well and we haven't received any royalities either. Thats why I asked if they have paid anybody in your pool yet? if they have ,then you may have a problem, otherwise maybe they haven't paid on your well yet. I know of only two wells in ohio co that people have received royalities on, and both are on the south side of I-70.

                                                                                                Good Luck

Emil,

You can see whose tracts of land are being penetrated by looking at the well plats on the WVGES website:

http://www.wvgs.wvnet.edu/pipe2/EfileViewer.aspx

In addition, you can look at the completion reports on this website.

What is/are the name of the well(s)?

W. Va. is a "rule of capture" state, meaning that one becomes a mineral owner if the mineral is captured on his or her property.  Think of it this way - you and I own adjacent parcels of land.  There is a rabbit that cruises our lands.  His hole, where he sleeps is on my land, but he likes to come to yours to eat from your vegetable garden.

If you capture him on your land in a rabbit trap he is yours, regardless of where he calls home.

So long as Chesapeake conducts no drilling operations on or under your property (i.e. no surface operations, and no drilling or fracturing below the surface), they are well within their legal right to capture any minerals (oil, gas, NGLs) that may migrate from your property to where they are conducting operations, and they have no obligation to pay you anything for any minerals that may have migrated from your property and were captured where they are conducting operations.

Hope this info helps. 

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