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Permalink Reply by evan on July 27, 2014 at 1:23pm

Yes it can and does,  I've debated for over a year now on selling a portion.  I've learned alot..  It all depends on the situations but  in the end its very possible to end up in a mess .  If you don't live on the property or if you just have 5 or 10 acres , it's not likely they will invade you.  But selling a portion gives them the right to get to pursue the minerals they purchased. Sell royalties instead, a lot safer. But less money

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Permalink Reply by bungalow_steve on July 28, 2014 at 5:31am

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.

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Permalink Reply by Dexter Green on July 28, 2014 at 5:33am

Magic.

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Permalink Reply by Rick on July 28, 2014 at 5:35pm

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.

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Permalink Reply by evan on July 29, 2014 at 1:40am

Rick, nothing personal but the only reason they agreed to no surface is because you only have 5 acres. I know a few people that tried to sell that had 200 or 300 acres and they tried the no surface clause but the buyer wiggled around and refused to purchase unless they had writing included that was in their favor. There may be a few that will agree to no surface but it won't be many, unless there's tricky wording involved

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Permalink Reply by Zack Smith, Geologist/Appraiser on July 29, 2014 at 1:35am

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.

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Permalink Reply by Bob Shea on July 29, 2014 at 3:40am

 Zack this  was a big big help.Thank you much Bob

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