New Gas Well on my property by XTO in Texas

[Robert_in_NY]

Please keep us updated on what you learn and experience. This could happen to many of us.

I will be following this thread as well, our last property we bought without the mineral rights after listening to the advice of a couple well tender friends and a local well driller.

 

[RedNeckRacin]

There should have been some surface use agreement that was signed before the company can come onto your land. If that document has already bee. Created and the previous owner signed it, your are literally without recourse As far as I know? If they are asking you to sign a document then there is still some negotiating room.

They will not be able to pull millions of gallons from the aquifer at a sufficient enough rate to be of much use Unless they draw from the wells for months. I know in pa that surface waters are general route of acquiring water for the frac jobs. There are restrictions that must be followed as to the rate at which water can be removed. Every State differs however.

The big lesson here should be don't buy land without mineral rights.

 

[buckeyefarmer]

First, when a landman speaks, he is usually lying. Everything is negotiable, including the price per acre. They always start out saying they don't negotiate. Get a lawyer that knows the business, and works for the landowner. In general a pond for fracturing is fresh water, to store large quantities before it goes in the well. Lots of oil well drilling where my parents live. There they usually put up large temporary water tanks, and they either truck in the water or put in temporary water lines from a lake or river.
Obviously it's better to not have the pad on your property, but if they do, limit what they can put there permanent. You own the surface, so you do have a say in what goes on on the surface, including money for temporary roads and damages. Get a lawyer.

 

[Country Geek]

I hope that 5 acres is a minimal, out of the way part out of the total acreage. The mineral owners pay no property tax and usually can get full price for their land because everyone thinks they won't mess it up with a well. If people would just walk away from a no mineral rights sale these problems would go away.

Amen. I would never buy without mineral rights. With the fracking craze that's getting harder though, luckily I bought my 20 acres way before then and made sure I specified that I got the mineral rights.

New trend: homebuilders are selling homes without mineral rights, and not clearly disclosing that. Lots of subdivision dwellers are in for some nasty surprises: Special Report: U.S. builders hoard mineral rights under new homes | Reuters. D.R. Horton homes is most notorious for this, they were caught doing it in the Raleigh area and the public uproar caused them to give the rights back to the homeowners. But they are apparently still doing it elsewhere.

 

[JerryK]

Up here in Northern Michigan, we average about two wells per 160 acres. Plus the pipe lines and access roads connecting same. Access road and pipe line not usually the same easement. A lot of the property up here was taken over by the state of Michigan during the depression... and when they eventually sold, they kept the mineral rights. The state pretty much dictates [ agrees with the gas company ] where the wells are going to be put, with the land owner allowed some input to routing of easements/access roads/well site. But the well/access roads/pipelines/underground electric feeds are not really going to be stopped by the average Joe landowner. It's mostly bend over and take one for the team... Best you can do is be REAL PROACTIVE about gates where you need them, and hope they buy into your scheme and maybe keep them shut and locked. In the end, all you get to do is pay taxes on the property they own easements on... they pretty much have full control on the easements for as long as they want. 24/7 [[[ ]]]

 

[fishheadbob]

First, when a landman speaks, he is usually lying. Everything is negotiable, including the price per acre. They always start out saying they don't negotiate.

x2

 

[dirt ditch]

I realize not being the mineral owner makes me subject to the whole right of access to the mineral deal but boy it sure does hurt to watch them come take my land for half of what I paid for it and I'll never be able to hunt or graze it again. The land is essentially gone for mine or my kids use. I know Texas is oil and gas country and lots of people make lots of money and that's fine but now that its on my land, its a whole different story, ha.

I was just curious if anyone has been through this type of surface right only negotiations and how did you come out in the end? I am talking to a lawyer but he's not to optimistic about my rights.

Thanks for any input.

Unfortunately it's the way things are. My :2cents: sell it for as much as you can get if you can't use it the way you want.

 

[TCJatko]

I was about to congratulate you on your good fortune. Then I read further. As others have said, get a good attorney.

 

[vpracer]

I'll keep you posted on any updates. Nowadays if you want to buy land in Texas, its not going to come with mineral rights. This tract is next to another tract that I own and its basically land locked. I was the natural buyer as it bordered my other property. The price was right for me and its decent grazing and hunting. That being said, the mineral lease was done years ago and was so oil company favorable its ridiculous. They can basically do whatever they want. I've consulted several attorneys and both have said that the mineral estate trumps anything. Therefore, I'm screwed as the first poster said. I do have a surface use agreement in front of them now but they have no legal obligation to negotiate with me. They can come on the land to get their minerals and basically do anything they want. The lease does say they have to pay damages, but I'm sure that would cost me dearly with a lawyer in order to come up with damages and to sue them. Seems crazy to me but its how it is I suppose. There are pad sites all over Texas and if I had the mineral rights, I might be singing a different tune. I bought the land thinking that they had a well no more than 200 yards away then no way would they drill on my piece. My piece is 75 acres of the 600 acre pool so I felt safe they wouldn't drill on mine. WRONG. Oh well live and learn.

 

[jix]

I was about to congratulate you on your good fortune. Then I read further. As others have said, get a good attorney.

X2..... but where do you get a good attorney ????