Replies to This Discussion

Permalink Reply by Sara A. Worsham on March 17, 2011 at 2:20am

Generally, once the oil and gas are reserved, they are reserved for life.  The only way that you could get these back would be to purchase them from the current owner/owners.  In Pennsylvania, the reservation must state "oil and gas" in the reservation, it can not just state that it reserves "all minerals".  If your uncle never recieved any royalties from the producing well, then you would not be entitled to receive any either.  It sounds like he passed on to you and your brothers the surface only of the 80 acres.  I hope this helps a little.

Permalink Reply by gregory burke on March 17, 2011 at 1:42pm

Thank you, this did help some.  There are 2 reservations, one for coal and the other for oil and gas.  I have traced the surface deed back to 1946 and found a reference to the coal rights being seperated in 1909 and it gives a Deed Book reference as well as the name of the grantee. 

The oil and gas rights on the other hand were also reserved but they did not say to whom.  However it did grant " free gas rights and priveledges for domestic use as contained in the present lease"

Would the gas and oil lease also be recorded in Waynesburg?  I assume there is no value to surface only rights in the Marcellus Shale rush?

 

Permalink Reply by Sara A. Worsham on March 18, 2011 at 3:43am

Yes, the oil and gas lease should be recorded in Waynesburg.  Your surface is valuable to the oil and gas companies if they are interested in obtaining a pipeline across the land or if they decided to drill a well on the surface.  Then you would be compensated for that and they would need your approval for both.  If you do not own the oil and gas under the land, then you would not receive monthly royalty checks if there was production under you land. 

Permalink Reply by gregory burke on March 22, 2011 at 2:45pm

Thanks  Would you know if they have a map that shows all of the leases in Wayne Township so I can see what my neighbors are doing or what drilling companies are active in the area?  Does anybody have any knowledge of what is going on right outside of Kuhntown?

Permalink Reply by Sara A. Worsham on March 23, 2011 at 2:31am

You should check out this website:  http://www.dep.state.pa.us/dep/deputate/minres/oilgas/new_forms/mar...

Is it for the Pennsylvania DEP (Department of Environmental Protection).  I have not used it very often, but know that you can get some information there.  Good luck, I hope that it will help answer some of your questions.

Permalink Reply by TillisTorme on March 17, 2011 at 2:27am

Hi Greg,

First, has any drilling co. contacted you?  If so, they will take care of any deed/lease research and inform you of what rights you hold and your options.  If not, you will need to go to the GC courthouse and look up the deeds and leases for that property.  If you can't go there, palandrecords.com may help you with the info. Either way, get copies.  Once you've determined who owns what and who holds any leases, attempt to contact the subsurface owner to determine their intentions for the rights, then you and your brothers can decide if you want to throw into the gas rush.  Even if you don't own the subsurface, you may have surface concerns if drilling should ever occur under you.  Usually, the subsurface rights supersede the surface rights as far as leasing is concerned, but there may be right of way, pad or recovery issues you may need to deal with.  You'll be far ahead to retain a lawyer as soon as any company shows interest in acquiring your property.  PM me for suggestions on GCs or counsel in the area.  Hope this helps out.

Permalink Reply by gregory burke on March 17, 2011 at 1:22pm

Thank you for the response.  Please excuse my ignorance but I am a novice at this business.  Are you saying that the subsurface rights could already be leased without my knowledge and drilling could begin under my property without any notice to me?  However if they needed surface access for right of way, recovery areas ect that they would THEN have to get some kind of agreement from me? 

I have not been contacted but I know that my Uncle had been contacted before he died and he and his attorney ( local with no oil / gas experience) were running around seeing large $$$ but nothing ever happened.  I am trying to get all that correspondence.

I will take a trip to Waynesburg and try and find who does own the gaas rights.  Are they user friendly in the office?  Thanks again

 

Permalink Reply by TillisTorme on March 23, 2011 at 6:38pm

Ok, my brain doesn't work sometimes-the website is https://pa.uslandrecords.com/palr_new/controller.  You can look up your deed or lease and print it out way easier than going all the way to Wbg.  I believe it is .50/pg for you to download and print.  I found a record for your name as grantee along with other Burkes.  It is a 4 pg. document.  You can then search back on your uncle's name for info on who he sold the rights to then search that name for what company they may be leased with.  And, then you can contact that gas co. to see if they need your land.  This whole process isn't easy and I had to learn the hard way, too.  As far as your surface rights, trust me when I tell you the mineral rights take precedent.  Sara's right, too.  The owner of the rights under your 80 ac. may lease for drilling and if that drilling requires use of your surface whether it be pipeline ROW, pad, road, etc., then you will be contacted about compensation for them to use the surface.  Try that website and see what you can find out.  PM me if you need to.--TT

Permalink Reply by gregory burke on March 24, 2011 at 3:07pm

Thanks again for the correct site.  Unfortunatetly the on-line records only go back to 1975.  My uncle acquired the property in 1963.  As part of the settlement, my attorney conducted a title search that went back to 1946.  That deed referenced the coal rights being seperated in 1909.  I would assume that the oil and gas rights seperated about the same time.  I think a trip to Wbg cannot be avoided.  Not sure what advantage I get from knowing, but I just feel like I should know.  I was also hoping to find the names of the surrounding property owners and then searching to see if they have any leases on record.  Does that make sense and is it easily doable ??  GB

Permalink Reply by TillisTorme on March 27, 2011 at 10:09am

Yep, I see a trip to Wbg. in your future.  Maps will show owner name and parcel #s and you can research those names to determine any leases tentative (memoranda) or in place.  It's do-able, but it'll just take time.  Of course, you have the option to pay someone else to do it for you, but that could get pricey.  Since it seems like any parcel of land in Greene is fair game for gas leasing, it's likely there are leases near/next to you.   Like they say "hard saying not knowing" and you should find out everything you can from the public record so you're not blindsided later.  Let us know what you find in general, and we'll continue from there.  Any ?s, PM.

TT.

Permalink Reply by Oil and Gas nightmare on June 18, 2011 at 6:22pm

Hi.. I was a newbie a year ago now but I have learned a ton, and got my real estate license to boot! I have a lot lot lot of experience in this at this point, I am basically a title searcher now... so if you can email me the specific details in the deed, I can help you out and if not i can turn it over to someone who can :)

Permalink Reply by Oil and Gas nightmare on August 21, 2011 at 3:42am

Hey did you find what you needed?  I can help you..needs some names though...

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