Replies to This Discussion

Permalink Reply by Robin Jackson on November 20, 2011 at 12:22pm

I meant surface is ours now and mineral rights are coming to us at another time.

 

Permalink Reply by Lynn Wigglesworth on November 20, 2011 at 12:50pm

I assume the mineral rights owner leased the rights to Anadarko? I believe it's been pretty well established that the mineral rights owner has the legal right to  have access to the minerals (i.e. have a well on the property). Why would the mineral rights owner want to stop the well? They will profit from it.

Permalink Reply by Robin Jackson on November 20, 2011 at 1:42pm

Its like this Linda, this property was for our home...45 acres split between four couples basically. Grandma maintained the rights till her death then they roll to us..Where should I put my house now Linda?? To the right, to the left, to the middle?? Im sorry but I dont want this in my backyard. Called Grandma and told her they advised us to tell her to get a lawyer because she is 93..She refused. This will be a tough situation period..honestly we didnt want one. Now she tells us she told them no well..To late Grandma you signed a lease and it had an extension. We warned her..She cant backtrack now but wont get a lawyer either. It is so hard she is so far away and family thinks one member is hurting another..We figure it this way, if were going to get screwed just as well get screwed the best way possible. Make sense?

 

Permalink Reply by Brian V. on November 20, 2011 at 4:22pm

Your Grandma doesn't need an attorney IMO. She signed a lease. She owns the minerals. She and the company she signed with have every right to harvest their gas. You can play hardball all you want. It won't get you anywhere. It will lighten your wallet though. As the surface owner and future mineral owner (at least 1/4 interest if I follow correctly) all an attorney can do for you is clear up your knowledge of your rights and ensure your not agreeing to an open ended surface agreement without proper compensation for damages.

Permalink Reply by Lynn Wigglesworth on November 21, 2011 at 2:07am

Whatever lawyer you or your grandmother hire, Anadarko has bigger and better lawyers, not to mention a signed lease on their side. Leases are binding, and whatever terms your grandmother signed, she (and you) are stuck with.

 

Maybe  your grandmother should have just sold the property and taken a world cruise with the money. Seems like her generosity in giving property to relatives is bringing a lot of blame and criticism down on her and making her last years miserable. It's to her advantage to get a well in quickly and get some royalties. If you want control over your property, buy a piece with all the rights, then you can lease or not, as you choose....the decision has already been made for this piece of property.

Permalink Reply by Robin Jackson on November 21, 2011 at 5:38am

I understand that, I want her to get a lawyer so she can work with them..as Anadarko expressed to us. I want her to get the best bang for her lease and don't want her to get screwed and I think I expressed that in the above letter..But honestly she doesnt' want a well, she thought this would never happen. She wants the property to maintain its loveliness. As for her remaining years being peaceful that is why we are trying to help her. They call her and she doesnt understand and then she calls us and we try to figure things out for her. We completely are grateful for what she has done..Without listing family business here I dont apperciate the tone..She does need a lawyer and that is what Anadarko requested and we need one because we aren't versed in everything happening..It is for everyones best interest not to SCREW GRANDMA..Good Lord we are well aware they are her mineral rights..

When typing here one doesnt know how my heart is..We specifically told her if she is getting a well the lawyer will help her get the best possible deal. Yes she signed a lease at 93 and she has no clue people, no clue what she signed..We wanted her to get help back then at lease signing..

 

I'm not playing hard ball BRIAN V what the heck..I know there is a signed lease but Im not going to be stupid really..I'm not going to allow them do something she hasn't signed for either..That is why we have a copy of her lease because we are close..UGH

Permalink Reply by Ann Ticopa on November 21, 2011 at 10:25am

Wjy wouldn't the best thing for Grandma be that the land be included in a unit, wells are drilled and hooked up to a gathering line, and she (finally) gets some royalty $$?

To invalidate the lease, you'd have to come up with proof that she wasn't competent to sign it 5+ years ago. (That's assuming the statite of limitations hasn't expired.) And since she had also signed o/g leases in 1978 and 1991, you wouldn't be able to say that a lease was something totally new to her. My guess is that the reason Anadarko "suggested" that she get a lawyer is that they are done talking to the family.

Permalink Reply by Robin Jackson on November 21, 2011 at 3:34pm

Ann, everyone wants what is best for her..I think it would be great for her to get big bucks..That isn't the issue here at all and I'm being totally misunderstood. Apparently I'm not good at expressing myself through writing.

 

1. This is the first call from Anadarko to us. They do have our info because when the property was deeded over the attorney that did it suggested we all mail in our new deeds because of the current situation with the NG industry. We are the only family member that did. Maybe that is why they called us. I guess that is important why they called us cause several people asked us why. I didn't even think to ask why they called us , the whole call lasted 5 min. and he told us he would be assigning us a "surface man"..

2. She has been calling them or someone has been calling her . Each time we talk to her it is a different. She wants us to get a hold of a man..But can't remember his name. We've not done that because we have no clue who is calling her. I do know it isn't Seismic testing. I do know that has been haulted till Jan. 15th 2012 or later.

 

3. No one else in the family is doing anything concerning the NG industry. We pretty much are her buddies and she relies on us for info.

 

4. WE WANT WHAT IS BEST FOR HER.

 

5. WE don't want a lawyer to stop the impossible we want a lawyer to help us with decisions. We aren't experts in this area. WE Do realize they are her mineral rights and we do realize we are locked in by a lease. We just want to be wise. Does that make sense? Not wise to be against her but wise to do what is right with our property. The lawyer can be her go between for the NG co..she really doesn't hear well and she is totally confused about the monstrosity of this ..does that make sense? So why not a lawyer who is impersonal to the situation and will help her.

 

 

 

Permalink Reply by Lynn Wigglesworth on November 21, 2011 at 1:28pm

You wrote: "We specifically told her if she is getting a well the lawyer will help her get the best possible deal." The deal is done. The terms and royalty are spelled out in the lease. None of that will change.  I don't see what a lawyer could possibly do about that now. What do they want to do that she hasn't signed for? The leases of that era pretty much give gas companies the right to do whatever they want.

As Ann says, to undo it, you would have to prove that she wasn't competent/didn't understand ANY of the leases she signed. As the surface owner, I believe that you have some rights as to the exact placement of the well and roads. Why not work with Anadarko on the well placement and let grandmom enjoyed the royalties?

Permalink Reply by Robin Jackson on November 21, 2011 at 3:39pm

NO ONE SAID we aren't working with them. I do believe they called us for exactly that..I'm not against working with them and I know I have no choice. Why this convo is being taken towards the negative side I have no clue. I'm not a gold hunter, I'm her loving granddaughter..Grandma can certainly enjoy the royalties they are hers..WE ALL KNOW THIS. I don't recall typing anywhere we would want to stop that from happening...

 

I'm trying to stay smart and informed that is it..So I'm done defending myself and this convo is closed. I will only lurk and read to learn. Ugh.

 

Permalink Reply by Lynn Wigglesworth on November 22, 2011 at 1:38am

Sorry if I misinterpreted what you are saying. But many things you've written..."I don't want this in my backyard",  "the monstrosity of this", imply that your intent is to stop the well. Your posts are very negative about the whole idea of having a well on your property. If your intent is to cooperate, what's the problem? My understanding is that your grandmother doesn't live on this property, so a well won't impact HER life, except for the royalty money it brings her.

Permalink Reply by Robin Jackson on November 22, 2011 at 4:01am

Linda, four families are the problem, four families having to decide what to do with the well, where to put it, who to make up, who won't be happy..Really this isn't a piece of cake ..I'm the one it falls on because I am the only one willing to inform myself.

If you understood the family and her intentions with this property, that it stay free of anything, pretty , lovely, blemish free and the work we've done to maintain that you'd understand how some of the family members are a bit thrown by this. Money isn't the driving force here ok..

The fact that I have to push back my dream of getting a house this spring and all the work I've done to get to that point, including getting approved for the loan, picking the house, camping there every weekend is a bit unsettling. Honestly she didn't think this would happen and honestly I knew the possiblity was much stronger.

We as a family don't know what to do because we don't have a plan B for our life and now we must..its ok,I'll get over it but it was a long time to get to this point and now it is popped bubble..Can you understand that?

 

Not that I care how you feel one way or another, your just a name on a computer screen to me. However I am a person who likes people and I am sensitive. I've enjoyed this site so far and look forward to hear peoples opinons and look forward to learning more.

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