Yes, how else would the mineral owner get access to the minerals if he didn't use the surface? The mineral owner basically has a ROW to his minerals using the surface.
It doesn't have to - when you sell, you can write whatever you want into the deeds/contract for sale. If the only thing the prospective buyer is concerned with is shale oil/gas, then they don't require surface access for development. And if the property is already in production, prohibition of surface access will not adversely affect value (assuming the well pad is not on your property). Discuss with your attorney and the real estate agent, any surface restrictions should be placed in your listing.
bungalow_steve
Yes, how else would the mineral owner get access to the minerals if he didn't use the surface? The mineral owner basically has a ROW to his minerals using the surface.
Jul 28, 2014
Rick
Not true! depends read the paperwork and then ask a good O&R lawyer basically, But just to say YES I don't believe it.
In my sell agreement I sold the UTICA only upper part! and it states no suface.
Jul 28, 2014
Zack Smith, Geologist/Appraiser
It doesn't have to - when you sell, you can write whatever you want into the deeds/contract for sale. If the only thing the prospective buyer is concerned with is shale oil/gas, then they don't require surface access for development. And if the property is already in production, prohibition of surface access will not adversely affect value (assuming the well pad is not on your property). Discuss with your attorney and the real estate agent, any surface restrictions should be placed in your listing.
Jul 29, 2014