So, You think you own your land...

   / So, You think you own your land... #11  
Do you own the mineral rights?

When you bought your land (in Texas) were you aware of the possibility of exploration?

Every exploration/production company I've ever been in contact with is extremely concerned with surface rights, repair of their damage and (surface) landowner relations.

Two sides to every coin say I.
 
   / So, You think you own your land... #12  
Around here the power company has right of ways all over the place and own a lot of the land under their lines. However, they allow the landowners that their lines cross thru to use their land. We can put fences, crops, animals and just about anything else under the power lines without any problems. All they want is to have access into the fences if they have to work on the line. If you have crops under their line they go around them with their equipment. They do the best they can to work with the landowners to avoid problems like yours.

As for taking ground water from the ponds, did they drain your pond or how many gallons did they take? Up here I have plenty of water so to me it would not be a big deal but if they drained half your pond and you live in a drought area where you needed that water for crops then I can see it being a problem. Other then that I don't see too much they did that was wrong other then leaving garbage which hopefully they will come back thru and clean up. A 4' wide trail thru brush will close in after a year or two. The brush they cut out and tossed will rot quickly adding back to your soil which is the proper thing to do (unless they tossed the brush into your yard).

Mineral rights are just that, rights. Up here the big thing is timber rights but they are short term, usually just a couple years after the property is sold.

Best of luck to you and hopefully things will work out.
 
   / So, You think you own your land... #13  
Just guessing what happened...

A long time ago, a farmer/rancher owned all that land. At some point he sold the oil/gas/mineral rights to that land. Later (perhaps immediately afterwards) he subdivided the property.

What is supposed to happen when the mineral rights owner decides to exersize those rights is that the he and the property owner sit down and hammer out a mutualy beneficial agreement. If they can't the courts step in and impose one.

The problem is you have a whole bunch of ranchette owners, some of whom don't care and some of whom are addicted to righteous anger. And it's nearly impossible for all these people together to come up with a good agreement with a single entity even if that entity is honest.

From the point of view of the mineral rights owner, he's spent a lot of time and money arguing with a confused mob of people, and he feels justified at this point in just doing whatever he can get away with. He says to himself that if only they were reasonable he wouldn't have to resort to that.
 
   / So, You think you own your land... #14  
Very nicely said.

We're hoping they come drill on us...maybe two years away.
 
   / So, You think you own your land... #15  
Toiyabe said:
Just guessing what happened...

A long time ago, a farmer/rancher owned all that land. At some point he sold the oil/gas/mineral rights to that land. Later (perhaps immediately afterwards) he subdivided the property.

What is supposed to happen when the mineral rights owner decides to exersize those rights is that the he and the property owner sit down and hammer out a mutualy beneficial agreement. If they can't the courts step in and impose one.

The problem is you have a whole bunch of ranchette owners, some of whom don't care and some of whom are addicted to righteous anger. And it's nearly impossible for all these people together to come up with a good agreement with a single entity even if that entity is honest.

From the point of view of the mineral rights owner, he's spent a lot of time and money arguing with a confused mob of people, and he feels justified at this point in just doing whatever he can get away with. He says to himself that if only they were reasonable he wouldn't have to resort to that.

Could not of put it better myself. I believe it was on this site, there was a post sort of like this where everyone around him fought the mineral company so the mineral company set up shop on his property and horizontally drilled from there and he was rewarded greatly for this inconvenience. Some times it is better not to make waves.
 
   / So, You think you own your land... #16  
Sounds like if you want to "own" your land completely, you will have to buy those rights back. Even then, there may still be utility and other easements which an entity can access your land. Can't you file a claim against them for property damage since they torn down your fence?
 
   / So, You think you own your land... #17  
I can sympathize with the sentiments expressed here. In doing some reflection following the death of my MIL 2 weeks ago, and all the squabbling among sibblings regarding the estate and who "owns" what, I have sorta been thinking about the materialism we get so wrapped up in, in our culture. This is not a criticism of any TBN member, but only some ponderings that came to mind after seeing my wife's sisters and nieces at war over who now "owns" what.

From a purely legal/technical point of view, there is no such thing as complete and total ownership of land. Instead, individuals, groups, entities own a specified set of rights in regards to a parcel of land. Those rights usually entail at least a minimum of restrictions: one can't establish a business in most residentially zoned areas. One can't open his own private toxic waste dump, munitions factory, or nuclear power plant on the land just because he "owns" it (unless he is rich enough to buy off the authorities). There are environmental and archaeological restrictions on some parcels: my neighbor owns property with protected vernal pools and extremely rare native grasses and organisms in them. Almost all native grasses and organisms living in these pools have been displaced by European varieties. He knew about all this before he bought, but he still feels, "It's my land and I ought to be able to do whatever the H*** I want to on it, no matter what that is." Now this guy is my friend, but we don't agree on this. Not too far away from here, people are having to abandon their wells because of waste dumps and WWII munitions factories that put hundreds of thousands of tons of toxins in the ground. The stuff is spreading through the aquifers because of the recklessness of others on "their" property. A small store a half mile away had its underground gasoline tank rupture and that NTBE stuff is now spreading toward my well.

It strikes me as ironic that many have no interest in protecting wilderness from logging and drilling, yet when a company that owns the mineral rights below them shows up to excercise its set of property rights, those who own the rights to have a house above it become unhappy. It also seems ironic that a Supreme Court considered so "conservative" ruled that a town has the right of eminant domain to an extent that well to do neighborhoods can be bulldozed for a new shopping center that will bring more sales tax to the city council. That seemed like the most non-conservative thing I could ever dream of. I guess the government is the government, is the government, no matter what party is in charge. Even personal property comes with limited sets of rights. The cops can take things as evidence, even though the owner isn't involved. The feds took the McGrudder (sp?) film of JFK's assassination and only gave a small amount to the family as compensation just a couple of years ago.

My dog thinks he owns our parcel of land, and he lets all visitors know that loudly. The bees on the side of my house surely believe they own it, and we sometimes wage war with each other over that issue. The land was here for billions of years before humans ever came along. I don't know who owned it then. I guess the dinosaurs did until that big meteor came along. I am a steward of the land for a brief time. The pharohs were wrong, dead wrong; you can't take your "posessions" with you, hard as you may try. If the land were "mine" in absolute terms, my ownership would last forever and I could take it with me into the afterlife. But such as it is, the land will see countless "owners" after me, and humans shall have passed from existence long before the land is reclaimed by the sun when it goes nova in another 4.5 billion years.

Hope I didn't offend anyone and sorry to be somewhat off topic. All this family squabbling over what's "mine" is just making me sorta do some thinking. Funny that all the squabbling is among females, and some of the logic some of them employ is just beyond my ability to follow. I'm going out to the back 40 now to peacefully (I hope) watch the sun set on "my land".
 
   / So, You think you own your land... #18  
We can have the same deal in NH. A bottling water company has started building a plant in town, they are going to draw water out of wells and transport it with tankers to the pier to be shipped overseas. The town and some neighbors didn't want it but the state has final say over underground water. Surrounding neighbors are going to be monitoring their wells closely when water plant starts drawing water. plowking
 
   / So, You think you own your land... #19  
In Texas everything depends on the prior history of the land. The land I currently own is 3/10 of an original 105 acres that was my maternal grandmother's property. However through another avenue I own 1/8 of the mineral rights of the same 105 acres. My surface ownership has specific boundaries however the mineral rights are undivided so all owners must act together. I negotiated the last lease and you talk about herding cats!!!

Vernon
 
   / So, You think you own your land... #20  
Very good post, Tom H. I have seen families wrecked by squabbling over inheritances and as you pointed out, mostly by females.

I have been saying for a long time that in our present system, all a landowner "owns" is the right to pay taxes on a piece of property. If you want to find out who the real owner is, just fail to pay those taxes.

There is a whole 'nother rant that goes with this, but I'll save it for another time.
 
 
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