I am unaware of Chesapeake's drill sites but I know that XTO Energy Inc is drilling in Four States. Money offers vary from site to site - and is influenced by all of the factors I cited in my answer to Karen (above). I know that there are many who accepted less than your offer - and had to pay attorney's cuts from that...
Jack, in case you haven't found this info. yet, Chesapeake has permits for three horizontals in Marion. These are the only permits they have in Marion so far. The permits for these wells were issued 06/28/2010....07/20/2010....and 09/01/2010.
The location of these proposed wells is just Southeast of Kincaid Knob. (enter these numbers in the fly to box in Google Earth)
39.462092 -79.99448
Looks as if there may be a pipeline just to the North of the site.
Todd, go to WVDEP click on Office of Oil and Gas, scroll over Database Information and in the drop down, click on Search Oil and Gas database. You should see Search for Oil and Gas Permits.
Gasaholic, I am selling them outright. I'm in California, and it belongs to my 87 year old mom, who is not in good health. I also have a bunch of "unclaimed property" that is mineral rights in Marion, Wetzel and Bartholimew Counties. GreatGrandpa was quite the speculator!
Gasaholic, I am out of time & energy to deal with this. It's one of over 27 oil rights I am dealing with, long distance. I did negotiate with another buyer, but the attorney got double their top offer.
Too much work. I have lost all patience with this. I have 27 of these, maybe more, to get dealt with, before Mom passes, or I do probate in WV. I'm trying to avoid that.
Karen, my husband passed away almost 5 years ago and I am still dealing with probate issues here in WV (could be some of the reasons the state is listed as 3rd on the "LITIGATION HELLHOLE LIST") I agree that you definitely want to resolve these issues without that if you can. It sounds as if you've done some "shopping" and have improved your position from your earlier "offers". When they get to the magic number for you, let it go and be content. All long distance relationships are stressful and difficult.
Wishing you and yours Happy Holidays and a prosperous Shale-ing New Year for us all.
The 12.5% and $1000 per acre is what is being offered in the area. If you are familiar with the road running north from Mt. Nebo Church to North Ridge Estates, a permit has been applied for for drilling at that site. It's not far from Halleck Road via Creek Road.
Hello Everyone, I know that XTO is drilling in Four States and will be drilling in the PAW PAW, Lincoln and Mannington districts. XTO does not own Waco, they have made farmout deals with Waco to drill the deep rights! Also Cheaspeake has farmout alot of there leases in these areas to XTO. There is also a compression station in four states that is owned by XTO. XTO has also been running there own pipelines threw out Four states, Idamay, Farmington, Fairview and up to Mannington.
I am brand new to this website and this whole Marcellus drilling thing. I have a few questions. I am strictly a landowner and do not own the mineral rights. First question.....how do I find out who owns the mineral rights in order to find out if they have any intention of leasing to the drilling company. Question #2) How do I find out if gas companies have rec'd permits already to drill in my area. I'm hearing a lot of talk of drilling all around me (within 1/2 mile).
Also, this property we bought was supposed to convey free gas rights but EQT is telling us all of a sudden, gas rights no longer convey with the property. These gas rights have been conveying with this property since 1902. Any suggestions on how to prove that we should still get free gas? They are telling us to completely look for a new fuel source??? What's that about? I figured if they didn't continue with the free gas rights, they would just start billing us. It took 8 months to get this answer from them. I can only imagine how long it will take to fight this! Any input at all will be greatly appreciated! Thanks!
The only way I know of to figure out who owns your minerals is to head down to the courthouse and research it. The ladies in the record room are usually very helpful. It will probably take a lot of time. If that's not interesting, there are landmen and attorneys you can hire to do it. Attorneys are more expensive, of course. I'm both, and I recommend you give it a go on your own first, as it really is expensive to hire someone to do it.
There are a couple ways to check drilling activity in your area. One is to go to the WV DEP website's map here http://tagis.dep.wv.gov/oog/. The other is to get on the DEP mailing list for permit applications. It takes some time to start getting info from them, as they have an approval process for it, but once you're on the list you'll get notification of every application made in whichever Counties you choose.
If gas rights were conveyed with the surface at one point, they should have continued. I can imagine a couple ways free gas rights could be terminated, but termination is unusual. Most likely, EQT is just trying to pull a fast one on you. If you want to keep fighting them yourself, you're going to have to get all the documents in the chain of title clear back to when the free gas started so you see for yourself that the free gas has not been terminated in any of them. Go to the courthouse and get a copy of each deed, will, or intestate proceeding that conveyed surface rights. This is good to have, regardless of whether you're right or wrong about the free gas. If free gas has been terminated, it will have to be stated in one of those documents. Send copies to EQT, tell them you'll hire an attorney if they don't give you free gas, and give them a deadline to respond. If they don't respond, hire an attorney to review the documents, tell you if you're right (you probably are), make a phone call, and follow it up by a letter.
Kyle, Thank you so much for all the info. I love tracing back in time so I will definitely try the courthouse search myself and I kind of figured this is what people would tell me. I was just hoping there was a website so I could do the search online as I am out of state most of the time. I guess I will do a two for one deal and search the "free gas rights" at the same time as I am searching the title/deed back into the past for mineral owners.
Do you know what the process is for the drilling? Meaning, does the gas company approach the mineral owners first, then once agreements are made, apply for permits and THEN, they contact the surface owners? I'm not sure how the whole drilling process works. My main concern in this whole thing is that my water is going to be destroyed. I have horses and cannot be without water for one day. My husband worked for 1 1/2 years on a drilling rig in the WV/PA area and he has seen some of the damage that is caused. With the fracking, how far from the drilling rig and the hole does the water get damaged? A mile, 5 miles, 10 miles???
We bought this property in January 2012 and have not moved there permanently and now I'm afraid to do so because of the water issue. One person is in the process of negotiating a contract with EQT and she said it states right in her contract that she should not drink the water or bath in it. They are planning on putting several wells on their property and they live 2/3 mile away from our new house. Way too close for comfort for me! I'm hearing they are coming in all around us in Mannington.
Do you do any work in the Marion/Wetzel County area? I have no doubt we will be needing an O&G attorney before long. Once I dig through the courthouse and follow the deed/title trails, I will most likely need a professional to interpret it for us. We were lucky enough to buy a property right on the Marion/Wetzel county line. So, I will have double the legwork as I will have to pull all the info for both counties.
I work across the state, and am based in Upshur County. Most of the oil and gas work that I have to do is easily done with a computer and phone. When you figure you need an attorney I'll be glad to step up.
The oil and gas companies usually won't contact a surface owner until they need something from them. Sometimes the first you know about development is when you get a notification from the Office of Oil and Gas about a well permit application. But if they need a right of way across your land, or are putting a drill pad on your land, they'll contact you.
Water is a real concern. Get samples from any sources on your land, and get neighbors to get samples too, if you can. Make sure that you can prove in court the authenticity of the sample. Don't go out by yourself, fill up a milk jug, and stick it in the barn. The best is to get an independent company to take samples. I think the Office of Oil and Gas has a list of companies that do this. If not, let me know and I'll track some down.
How far away the drilling/fracing fluids can migrate is not known. The horizontal leg is often a mile long, and can be longer. The cracks from the fracing process extend through the shale formation, which can be up to 200 feet thick. The frac job is done thousands of feet underground. What can't be accounted for are natural breaks in the otherwise impermeable rock formations that overlay the shale formation. Test the water before any fracing is done anywhere within a few miles, just to be safe.
Thanks so much for the info, once again! I also spoke with a guy from the county who mentioned that it's imperitive to get a baseline water test BEFORE any drilling begins around us. He gave me the name of two agencies that I can call to have the testing done: Reliance Lab and Sturm Environment, both located in Bridgeport, WV.
So much for our peaceful, quiet, beautiful retirement property that we were going to move our horses to! We are definitely inside the one mile radius to the property they are planning on putting several wells on. I just hope I can get everything done prior to the start of any drilling.
I will post updates on how we are progressing. Thanks again!
Glad to help out. That's why I'm on this forum. There just aren't enough attorney working for the mineral and surface owners. It makes it tough to get good information and help about oil and gas issues. Let me know if you have any other questions.
I'm sure we will be in touch with you very soon. EQT is giving us a hard time about our "free gas rights" whcih have been conveying since 1924. We have drafted another letter to them, explaining that all their equipment remains on our property and that we have found no termination in lease agreements recorded anywhere. I am making a trip out to WV next week to spend a day or two at the courthouse. I'm just hoping that's enough time to pull the deeds/leases back to 1924. I have a copy of the 1924 lease agreement and also the 1948 lease extension. I just have to move forward from 1948 until 2010 when the previous owner purchased the property. I hear the lines are long at the courthouse record rooms and you can wait awhile. I only have two business days (Fri/Mon) to work on this and then we will be travelling back home. Hopefully, I will find what we need. Any suggestions on how to pull who owns the mineral/gas/oil rights to our property? Would it be attached to the deeds? Thanks again
Marion County might be busy right now. There's drilling activity going on in the eastern portion of the county. Sometimes when they're busy the courthouse will limit the number of landmen in the record room. But they'll make exceptions for landowners and lawyers.
Marion County is a little difficult to figure out. Make sure to ask the ladies at the front desk for help when you first get there.
If you know the current mineral owners, it's best to start there. If you don't, start with what you know and work back. Most people have to start with their own deed for surface. Newer deeds usually include references to the deed where the grantor acquired his/her interest. Pull that deed and see if there's a reference. Wash, rinse, and repeat until you get to a deed that doesn't include a reference. Then you'll need to go to the grantee books and find the name of the grantor from that deed. The courthouse ladies will be glad to help you through this process. If you get stuck, they will be able to help you out. There are usually several ways to find out who owned the property previously. Just make sure to ask them. Once you've gotten as far back as you can go, check the documents for any mineral reservations. Follow that name forward to present, using the grantor books. There's a little more to it, but the courthouse ladies will be able to help you out there better than I can here.
Regards the free gas, EQT will do it's best to get you to give it up. There's quite a bit of liability they take on when there is free gas. But if it's there, they can't take it away. It's their responsibility to prove that the free gas rights have terminated, not yours to prove they exist.
Regarding EQT, they feel they have proven to us via the letter they sent to the previous owner at the end of 2010 telling him they would "allow" the free gas to continue while he's the owner but if he ever sells the property "the free gas rights MAY not convey". I don't see how they can just wake up one morning and decide to terminate the lease. As far as I can tell, the lease wording states as long as gas is being produced for them, this lease remains in effect.
I will definitely tap into the knowledge of the ladies at the desk at Marion county. I'm pretty good with looking things up and researching, so I hope it goes smoothly and I find lots of good information. For me, just knowing who owned the property all through the years and who first bought & built on the property will be an awesome keepsake! However, we need to know this information because I would like to see a clearer copy of the lease agreements and keep them on hand for future reference for our friends at EQT. We did send them a letter back stating we need proof of this termination by 10/19/12. They're probably still laughing at us as we speak! LOL So, I'm sure after my trip to "Almost Heaven", you will be needed as our new attorney on this project.
I just wanted to let you know about an upcoming Seminar Series through the YPE called Energy Industry Training Series- It’s 12 part series, although you can just attend one or two if you like. The first Seminar is in June, and gives a complete overview of both the Marcellus and Utica plays.
Good morning. I have a bizarre thing going on now that deals with Marion County, so any input would be appreciated. I had a company looking into purchasing my portion of mineral rights on two different tracks, one Lincoln District, the other one PawPaw District. According to them, an abstractor told them, that when my step great great grandmother died in 1961, that the mineral rights she owned, since she had a life estate, should have reverted back to the surface owners and that the tax office, should not have issued a tax id for the mineral rights and that the taxes we have paid since 1961, was simply our family paying for someone else......fast forward to 2010, when a gentleman in GA purchased the surface land only and that is exactly what his tax information shows..turns around in 2012 and leases the mineral rights to Stone Energy Corporation. As bizarre as this sounds, this is exactly what I have been told by the assessors office, sheriffs tax office and county clerks office, we don't make mistakes like that, you need to get a lawyer and prove that it is our mistake and once you do that, you can file an appeal to receive the taxes paid in error, oh yeah, by the way, you can only reclaim the last five years and then it will be in the form of a tax credit for any future taxes you might owe in Marion County.
So someone, please explain to me, how we can pay taxes for 54 years and yet the man who has surface rights only, can lease the minerals?
Any comments will be greatly appreciated.
Rosetta Wilkinson
Rosetta Wilkinson, do you have a copy of the deed where your ancestor sold the surface? If the minerals were really retained as a life estate, then when your step gggrandmother died, the minerals went however the deed said. I think the first thing to do is somehow get a copy of the deed, and any deeds before that in the chain of title.
It could be that one or more of those offices made a mistake but you'll need the deed to find out.
At least that is where I would start. Anybody else with more ideas?
I have the deed information, where in the 1860's, her father-in-law, my step ggggrandfather, divided the property in thirds, for each of his three children. In 1880's, my ggggrandfather purchased his brothers 1/3, giving him 2/3. This 2/3, over 81 acres was divided into 5ths. I have a letter in 1961 from an attorney, a month or so after gggrandmother died, in which it states that she got the minerals from her mother-in-law...so I guess I need to find that will and or deed to see. I went to the tax dept online website and truly it states that when the property was purchased in 2010, it was surface only; yet he got this company to lease the minerals. The tax office sticks by their story and of course, the burden falls upon me. I appreciate your comments. Thanks
Rosetta, when the property was purchased in 2010, who sold it? I think you said you have that deed, and it is clearly just surface sold? Minerals retained?
And, back to what the landman said, it is possible that the landman is thinking of the Ohio law and not West Virginia about land reverting to surface owner. There is some law there that if the minerals are separated, then nothing is done with the minerals for 20 years (no leasing or things like that) then the minerals revert to surface owner. But WV does not have that law. We pay taxes on the minerals so that is the big difference.
Yes, it sounds like you also need to see the will where the gggrandmother inherited from her mother in law. If that will stated that she only had a life estate, it might mean something (not sure what) but otherwise, I can't see how that abstractor could have thought that.
Thanks for your input Nancy. I guess whoever had the surface rights, sold it to him. The deed( for minerals only) was to my stepmother, and then to me via her will in 2008. My portion is clearly only the mineral rights, coal, oil and gas, etc. I am trying to figure out what to do. I live out of state, so its not like I can just go to the court house and do research, so I am gathering everything I have here, putting it in order and figuring out exactly what I will need to research, if and when, I have to go there. Thanks again. Rosetta
Rosetta, If you need help sorting out what steps to take, please ask. I have some ideas, and maybe others here do also.
If you know the current surface owner, I might be able to at least help find out the deed book and number of the deed selling to him, if you don't know that. You could maybe order it from the Marion County clerk.
Jack Dumbauld
I don't want to lease until they are ready to put me into a unit and actually start drilling.
Oct 20, 2010
Todd Charles
Oct 20, 2010
Larry Tschiegg
Nov 30, 2010
michael a demary
anyone in marion county lease with cheif.
Dec 16, 2010
gasoholic
Jack, in case you haven't found this info. yet, Chesapeake has permits for three horizontals in Marion. These are the only permits they have in Marion so far. The permits for these wells were issued 06/28/2010....07/20/2010....and 09/01/2010.
The location of these proposed wells is just Southeast of Kincaid Knob. (enter these numbers in the fly to box in Google Earth)
39.462092 -79.99448
Looks as if there may be a pipeline just to the North of the site.
Dec 16, 2010
Todd Charles
Gasoholic, where are you finding drill permits ? The data sheets I'm finding require more information than I have, to locate.
Thanks, Todd's Mom
Dec 20, 2010
gasoholic
Todd, go to WVDEP click on Office of Oil and Gas, scroll over Database Information and in the drop down, click on Search Oil and Gas database. You should see Search for Oil and Gas Permits.
Dec 20, 2010
Karen
I am in the process of selling this property 41 acres to Transenergy .
The attorney was able to shop it around & they were by far the highest offer.
Dec 20, 2010
gasoholic
Karen, are you selling the minerals outright or leasing ?
Dec 20, 2010
Karen
Gasaholic, I am selling them outright. I'm in California, and it belongs to my 87 year old mom, who is not in good health. I also have a bunch of "unclaimed property" that is mineral rights in Marion, Wetzel and Bartholimew Counties. GreatGrandpa was quite the speculator!
Dec 20, 2010
gasoholic
Karen, if you must sell, there are many companies that you can contact yourself for offers.
Dec 20, 2010
Karen
Gasaholic, I am out of time & energy to deal with this. It's one of over 27 oil rights I am dealing with, long distance. I did negotiate with another buyer, but the attorney got double their top offer.
Dec 20, 2010
gasoholic
Is this offer double the unsolicited offer of $350 per acre ?
Dec 20, 2010
Karen
No, it's more than 5 times that. It's double the best offer I got.
Dec 20, 2010
gasoholic
That's a little better. Have you thought about going ahead and leasing and then selling.
Dec 20, 2010
Karen
Too much work. I have lost all patience with this. I have 27 of these, maybe more, to get dealt with, before Mom passes, or I do probate in WV. I'm trying to avoid that.
Dec 20, 2010
gasoholic
I don't know your situation but, will the mineral rights not be passed along to you when your mother passes ?
Dec 20, 2010
Karen
I sent you an email thru the site.
Dec 20, 2010
Todd Charles
Karen, my husband passed away almost 5 years ago and I am still dealing with probate issues here in WV (could be some of the reasons the state is listed as 3rd on the "LITIGATION HELLHOLE LIST") I agree that you definitely want to resolve these issues without that if you can. It sounds as if you've done some "shopping" and have improved your position from your earlier "offers". When they get to the magic number for you, let it go and be content. All long distance relationships are stressful and difficult.
Wishing you and yours Happy Holidays and a prosperous Shale-ing New Year for us all.
Sincerely, Todd's mom, Kit
Dec 21, 2010
Karen
Dec 22, 2010
Daniel Morris
A rumor about the drilling pad one mile from Mt Nebo Church:
The operation was shut down by some Fed. Agency.
Seems like I hear little other then rumors. Has anyone heard anything?
Mar 29, 2011
Daniel Morris
To Julie who inquired about Halleck Road.
The 12.5% and $1000 per acre is what is being offered in the area. If you are familiar with the road running north from Mt. Nebo Church to North Ridge Estates, a permit has been applied for for drilling at that site. It's not far from Halleck Road via Creek Road.
Jul 22, 2011
Al Shields
Anyone seen XTO in our county.. ? Al
Jan 18, 2012
Todd Charles
Yes, Al Shields, XTO also owns "Waco" now - and they are drilling in Marion County.
Jan 24, 2012
Al Shields
Thanks Todd, does Waco have systems in Marion County . How does XTO move the gas ?
Jan 25, 2012
hillbilly
Mar 9, 2012
J. Rossi
Hello Everyone, I know that XTO is drilling in Four States and will be drilling in the PAW PAW, Lincoln and Mannington districts. XTO does not own Waco, they have made farmout deals with Waco to drill the deep rights! Also Cheaspeake has farmout alot of there leases in these areas to XTO. There is also a compression station in four states that is owned by XTO. XTO has also been running there own pipelines threw out Four states, Idamay, Farmington, Fairview and up to Mannington.
Sep 14, 2012
Lisa
I am brand new to this website and this whole Marcellus drilling thing. I have a few questions. I am strictly a landowner and do not own the mineral rights. First question.....how do I find out who owns the mineral rights in order to find out if they have any intention of leasing to the drilling company. Question #2) How do I find out if gas companies have rec'd permits already to drill in my area. I'm hearing a lot of talk of drilling all around me (within 1/2 mile).
Also, this property we bought was supposed to convey free gas rights but EQT is telling us all of a sudden, gas rights no longer convey with the property. These gas rights have been conveying with this property since 1902. Any suggestions on how to prove that we should still get free gas? They are telling us to completely look for a new fuel source??? What's that about? I figured if they didn't continue with the free gas rights, they would just start billing us. It took 8 months to get this answer from them. I can only imagine how long it will take to fight this! Any input at all will be greatly appreciated! Thanks!
Sep 18, 2012
Kyle Nuttall
The only way I know of to figure out who owns your minerals is to head down to the courthouse and research it. The ladies in the record room are usually very helpful. It will probably take a lot of time. If that's not interesting, there are landmen and attorneys you can hire to do it. Attorneys are more expensive, of course. I'm both, and I recommend you give it a go on your own first, as it really is expensive to hire someone to do it.
There are a couple ways to check drilling activity in your area. One is to go to the WV DEP website's map here http://tagis.dep.wv.gov/oog/. The other is to get on the DEP mailing list for permit applications. It takes some time to start getting info from them, as they have an approval process for it, but once you're on the list you'll get notification of every application made in whichever Counties you choose.
If gas rights were conveyed with the surface at one point, they should have continued. I can imagine a couple ways free gas rights could be terminated, but termination is unusual. Most likely, EQT is just trying to pull a fast one on you. If you want to keep fighting them yourself, you're going to have to get all the documents in the chain of title clear back to when the free gas started so you see for yourself that the free gas has not been terminated in any of them. Go to the courthouse and get a copy of each deed, will, or intestate proceeding that conveyed surface rights. This is good to have, regardless of whether you're right or wrong about the free gas. If free gas has been terminated, it will have to be stated in one of those documents. Send copies to EQT, tell them you'll hire an attorney if they don't give you free gas, and give them a deadline to respond. If they don't respond, hire an attorney to review the documents, tell you if you're right (you probably are), make a phone call, and follow it up by a letter.
Sep 19, 2012
Lisa
Kyle, Thank you so much for all the info. I love tracing back in time so I will definitely try the courthouse search myself and I kind of figured this is what people would tell me. I was just hoping there was a website so I could do the search online as I am out of state most of the time. I guess I will do a two for one deal and search the "free gas rights" at the same time as I am searching the title/deed back into the past for mineral owners.
Do you know what the process is for the drilling? Meaning, does the gas company approach the mineral owners first, then once agreements are made, apply for permits and THEN, they contact the surface owners? I'm not sure how the whole drilling process works. My main concern in this whole thing is that my water is going to be destroyed. I have horses and cannot be without water for one day. My husband worked for 1 1/2 years on a drilling rig in the WV/PA area and he has seen some of the damage that is caused. With the fracking, how far from the drilling rig and the hole does the water get damaged? A mile, 5 miles, 10 miles???
We bought this property in January 2012 and have not moved there permanently and now I'm afraid to do so because of the water issue. One person is in the process of negotiating a contract with EQT and she said it states right in her contract that she should not drink the water or bath in it. They are planning on putting several wells on their property and they live 2/3 mile away from our new house. Way too close for comfort for me! I'm hearing they are coming in all around us in Mannington.
Thanks again!
Sep 20, 2012
Lisa
Kyle,
Do you do any work in the Marion/Wetzel County area? I have no doubt we will be needing an O&G attorney before long. Once I dig through the courthouse and follow the deed/title trails, I will most likely need a professional to interpret it for us. We were lucky enough to buy a property right on the Marion/Wetzel county line. So, I will have double the legwork as I will have to pull all the info for both counties.
Sep 20, 2012
Kyle Nuttall
I work across the state, and am based in Upshur County. Most of the oil and gas work that I have to do is easily done with a computer and phone. When you figure you need an attorney I'll be glad to step up.
The oil and gas companies usually won't contact a surface owner until they need something from them. Sometimes the first you know about development is when you get a notification from the Office of Oil and Gas about a well permit application. But if they need a right of way across your land, or are putting a drill pad on your land, they'll contact you.
Water is a real concern. Get samples from any sources on your land, and get neighbors to get samples too, if you can. Make sure that you can prove in court the authenticity of the sample. Don't go out by yourself, fill up a milk jug, and stick it in the barn. The best is to get an independent company to take samples. I think the Office of Oil and Gas has a list of companies that do this. If not, let me know and I'll track some down.
How far away the drilling/fracing fluids can migrate is not known. The horizontal leg is often a mile long, and can be longer. The cracks from the fracing process extend through the shale formation, which can be up to 200 feet thick. The frac job is done thousands of feet underground. What can't be accounted for are natural breaks in the otherwise impermeable rock formations that overlay the shale formation. Test the water before any fracing is done anywhere within a few miles, just to be safe.
Sep 21, 2012
Lisa
Kyle,
Thanks so much for the info, once again! I also spoke with a guy from the county who mentioned that it's imperitive to get a baseline water test BEFORE any drilling begins around us. He gave me the name of two agencies that I can call to have the testing done: Reliance Lab and Sturm Environment, both located in Bridgeport, WV.
So much for our peaceful, quiet, beautiful retirement property that we were going to move our horses to! We are definitely inside the one mile radius to the property they are planning on putting several wells on. I just hope I can get everything done prior to the start of any drilling.
I will post updates on how we are progressing. Thanks again!
Sep 23, 2012
Kyle Nuttall
Glad to help out. That's why I'm on this forum. There just aren't enough attorney working for the mineral and surface owners. It makes it tough to get good information and help about oil and gas issues. Let me know if you have any other questions.
Sep 24, 2012
Lisa
Hi Kyle,
I'm sure we will be in touch with you very soon. EQT is giving us a hard time about our "free gas rights" whcih have been conveying since 1924. We have drafted another letter to them, explaining that all their equipment remains on our property and that we have found no termination in lease agreements recorded anywhere. I am making a trip out to WV next week to spend a day or two at the courthouse. I'm just hoping that's enough time to pull the deeds/leases back to 1924. I have a copy of the 1924 lease agreement and also the 1948 lease extension. I just have to move forward from 1948 until 2010 when the previous owner purchased the property. I hear the lines are long at the courthouse record rooms and you can wait awhile. I only have two business days (Fri/Mon) to work on this and then we will be travelling back home. Hopefully, I will find what we need. Any suggestions on how to pull who owns the mineral/gas/oil rights to our property? Would it be attached to the deeds? Thanks again
Lisa
Oct 11, 2012
Kyle Nuttall
Marion County might be busy right now. There's drilling activity going on in the eastern portion of the county. Sometimes when they're busy the courthouse will limit the number of landmen in the record room. But they'll make exceptions for landowners and lawyers.
Marion County is a little difficult to figure out. Make sure to ask the ladies at the front desk for help when you first get there.
If you know the current mineral owners, it's best to start there. If you don't, start with what you know and work back. Most people have to start with their own deed for surface. Newer deeds usually include references to the deed where the grantor acquired his/her interest. Pull that deed and see if there's a reference. Wash, rinse, and repeat until you get to a deed that doesn't include a reference. Then you'll need to go to the grantee books and find the name of the grantor from that deed. The courthouse ladies will be glad to help you through this process. If you get stuck, they will be able to help you out. There are usually several ways to find out who owned the property previously. Just make sure to ask them. Once you've gotten as far back as you can go, check the documents for any mineral reservations. Follow that name forward to present, using the grantor books. There's a little more to it, but the courthouse ladies will be able to help you out there better than I can here.
Regards the free gas, EQT will do it's best to get you to give it up. There's quite a bit of liability they take on when there is free gas. But if it's there, they can't take it away. It's their responsibility to prove that the free gas rights have terminated, not yours to prove they exist.
Oct 12, 2012
Lisa
Hi Kyle,
Regarding EQT, they feel they have proven to us via the letter they sent to the previous owner at the end of 2010 telling him they would "allow" the free gas to continue while he's the owner but if he ever sells the property "the free gas rights MAY not convey". I don't see how they can just wake up one morning and decide to terminate the lease. As far as I can tell, the lease wording states as long as gas is being produced for them, this lease remains in effect.
I will definitely tap into the knowledge of the ladies at the desk at Marion county. I'm pretty good with looking things up and researching, so I hope it goes smoothly and I find lots of good information. For me, just knowing who owned the property all through the years and who first bought & built on the property will be an awesome keepsake! However, we need to know this information because I would like to see a clearer copy of the lease agreements and keep them on hand for future reference for our friends at EQT. We did send them a letter back stating we need proof of this termination by 10/19/12. They're probably still laughing at us as we speak! LOL So, I'm sure after my trip to "Almost Heaven", you will be needed as our new attorney on this project.
Thanks so much for all your help!
Lisa
Oct 12, 2012
David
I just wanted to let you know about an upcoming Seminar Series through the YPE called Energy Industry Training Series- It’s 12 part series, although you can just attend one or two if you like. The first Seminar is in June, and gives a complete overview of both the Marcellus and Utica plays.
You can learn more here!
http://ypepittsburgh.org/?page_id=591
May 24, 2013
Daniel Morris
Can anyone steer me to a Fairmont or Morgantown attorney who can provide information about how badly I'm being screwed by Chesapeake?
Mar 21, 2014
Daniel Morris
Does the Chesapeake sale announced in the newsletter today affect Marion County, WV?
Oct 17, 2014
ROSETTA WILKINSON
So someone, please explain to me, how we can pay taxes for 54 years and yet the man who has surface rights only, can lease the minerals?
Any comments will be greatly appreciated.
Rosetta Wilkinson
Jan 12, 2015
Nancy Mosley
Rosetta Wilkinson, do you have a copy of the deed where your ancestor sold the surface? If the minerals were really retained as a life estate, then when your step gggrandmother died, the minerals went however the deed said. I think the first thing to do is somehow get a copy of the deed, and any deeds before that in the chain of title.
It could be that one or more of those offices made a mistake but you'll need the deed to find out.
At least that is where I would start. Anybody else with more ideas?
Jan 12, 2015
ROSETTA WILKINSON
I have the deed information, where in the 1860's, her father-in-law, my step ggggrandfather, divided the property in thirds, for each of his three children. In 1880's, my ggggrandfather purchased his brothers 1/3, giving him 2/3. This 2/3, over 81 acres was divided into 5ths. I have a letter in 1961 from an attorney, a month or so after gggrandmother died, in which it states that she got the minerals from her mother-in-law...so I guess I need to find that will and or deed to see. I went to the tax dept online website and truly it states that when the property was purchased in 2010, it was surface only; yet he got this company to lease the minerals. The tax office sticks by their story and of course, the burden falls upon me. I appreciate your comments. Thanks
Jan 13, 2015
Nancy Mosley
Rosetta, when the property was purchased in 2010, who sold it? I think you said you have that deed, and it is clearly just surface sold? Minerals retained?
And, back to what the landman said, it is possible that the landman is thinking of the Ohio law and not West Virginia about land reverting to surface owner. There is some law there that if the minerals are separated, then nothing is done with the minerals for 20 years (no leasing or things like that) then the minerals revert to surface owner. But WV does not have that law. We pay taxes on the minerals so that is the big difference.
Yes, it sounds like you also need to see the will where the gggrandmother inherited from her mother in law. If that will stated that she only had a life estate, it might mean something (not sure what) but otherwise, I can't see how that abstractor could have thought that.
Jan 13, 2015
ROSETTA WILKINSON
Thanks for your input Nancy. I guess whoever had the surface rights, sold it to him. The deed( for minerals only) was to my stepmother, and then to me via her will in 2008. My portion is clearly only the mineral rights, coal, oil and gas, etc. I am trying to figure out what to do. I live out of state, so its not like I can just go to the court house and do research, so I am gathering everything I have here, putting it in order and figuring out exactly what I will need to research, if and when, I have to go there. Thanks again. Rosetta
Jan 14, 2015
Nancy Mosley
Rosetta, If you need help sorting out what steps to take, please ask. I have some ideas, and maybe others here do also.
If you know the current surface owner, I might be able to at least help find out the deed book and number of the deed selling to him, if you don't know that. You could maybe order it from the Marion County clerk.
Jan 14, 2015