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Permalink Reply by JR on February 3, 2015 at 10:50

Check your lease.  They may be required to maintain the gate.  If not, you can still ask.  It is a minor expense and most companies want to maintain good relations with landowners.

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Permalink Reply by Nixon Dow on February 3, 2015 at 11:26

First you need to look at your servitude agreement. While civil code and state regulations will provide the basis of what is required/allowed for both the landowner and operator as well, the servitude agreement will generally will provide a more detailed and definied description of what is required/allowed. NOTE: The "servitude agreement" I am making reference to can be a separate document or may be covered in the mineral lease covering the tract. 

Now assuming no specific reference to what is required, I believe you have to right to have them put a gate however, I would do not believe they would be required to put in a automatic gate in for you. Now I am not saying in an effort to keep you happy and for their own benefit they might be willing to go with the automatic gate, I just do not believe you have a legal argument to force them to. 

Also one big factor is going to be what kind of operator you are dealing with, Mom and Pop, Local Midsize Operator, or Major. Mom and Pop will want to keep you happy but will not want to spend extra money on the nicer gate, 

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Permalink Reply by Nixon Dow on February 3, 2015 at 13:23

Well like I said due to basic DNR regulations it is not that hard to get/force the operator/lease holder to put up and mantain a gate at the point were the well access road on your property enters from the public road. In certain situations a landowner might even be able to make them put in a automatic gate like the one you are wanting.

However, the biggest thing preventing that obligation(or at least the argument I would use as the operator/leaseholder) is that the well and lease access road was there prior you making that property a personal residence and building a home. The servitude and mineral  lease effective and apparent prior to you purchasing the property.  

Also this is just my edjucated opinion as to your "legal stance" in this case. As JR mentioned earlier I would call the operator Franks and talk to them. They might be willing to work with you in an effort to keep you happy. Unlike the bigger companies, the smaller ones general will do things they aren't legally obligated to if the expense is not to high in an effort to keep the landowner happy. 

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