Replies to This Discussion

Permalink Reply by Lynn Wigglesworth on October 19, 2010 at 12:23am

That's the same thing East did a couple of years ago, and got away with it. It's not a binding contract until the landowner gets their money. Nasty way to do business, but they all do it.

Permalink Reply by William Ladd on October 19, 2010 at 1:10am

If that is true Lynn then a lease should also be refused as invalid if any money is refused by the landowner at any time It would seem to me that a lease cannot be a one way contract!

Bill L.
aka Bummy

Permalink Reply by Lynn Wigglesworth on October 19, 2010 at 3:12am

I know what you are getting at, Bill. But I don't think you can accept payment for many years, then refuse it because something better comes along. Accepting that first payment makes it a valid contract.

Permalink Reply by William Ladd on October 19, 2010 at 12:15pm

So Lynn, If I lease your back yard for so much a square yard and pay you a year at time and then never come back to do anything with it or even talk to you about it, and then you refuse to take any more yearly payments. I can still hold your back yard... and keep someone else out for eternity?? And then I can continue to pass on that lease without your approval or knowledge to whoever comes along?

Would you be happy with that?

Bill L.
aka Bummy

Permalink Reply by Lynn Wigglesworth on October 19, 2010 at 1:22pm

It's not about being 'happy'...it's about being in a legally binding contract. If I signed a lease that said you could lease the land forever, I'd have to accept it. You sign away your rights and take your chances. Once I sign a gas lease, the Gas Co. can do whatever they choose with that lease...including keeping me in a unit with a shut-in well, paying me $5/acre/year. I get ONE SHOT at getting it right. That's why I'm thinking it through before I sign anything.

Permalink Reply by William Ladd on October 20, 2010 at 3:03am

What I am understanding here is that a lease is only a legal way to steal your assets and make you pay the taxes on it.

Again just a fancy snookering job by the filthy rich men! And if you dont accept their terms, they will take it anyway!

But Lynn you have not answered my question,

Would you be happy about it?

Permalink Reply by Ann Ticopa on October 20, 2010 at 4:47am

Well, no, it's not the only legal way. You're probably paying taxes on the part of your land that's occupied by road and utility rights-of-way. And if it's a PennDOT road. they could - without notifying you - give a gasco a permit to install a pipeline in their easement over your property.

http://citizensvoice.com/news/business/gas-pipeline-proximity-to-ho...

Permalink Reply by Lynn Wigglesworth on October 20, 2010 at 5:32am

As I said, I would accept it. I accept lots of things I don't like. No one is STEALING anything. Whoever signed the lease gave them legal permission to do what they are doing. No one was snookered...whoever signed the lease saw $$$$ and didn't read the lease carefully enough to realize they were potentially signing away their rights forever. Many people are in the same boat. $$$$ makes people do unwise things.

Permalink Reply by Ann Ticopa on October 19, 2010 at 3:18pm

Whether/not you cash the checks Dominion mails you, you were "paid" ... at least according to the IRS and PA Dept. of Revenue.

I'm guessing, that if East came along and offered you their standard lease ($2000/15%), you would accept it. Irregardless that there are terms in the lease (ancillary uses) that would let them use parts of your land indefintely with no additional payment.

Permalink Reply by William Ladd on October 20, 2010 at 8:59am

But is seems to be OK for the leasee to back out of any agreement at any time they so choose?

Permalink Reply by Lynn Wigglesworth on October 20, 2010 at 9:48am

That's why no one should EVER sign a boiler-plate lease. It's written by the gas co., for the benefit of the gas co. People don't seem to understand that.

Permalink Reply by Ann Ticopa on October 20, 2010 at 9:54am

I think it should be like real estate, where the buyer puts up a non-refundable binder to hold a property. But if a gasco wanted to pay me a bonus and then surrender the lease, I'd be fine with that.

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