We have been approached for an access road easement across our property. We have every intention of accepting the offer, but were wondering what would our chances be of requesting, in addition, a survey plat of our property and use of the road to access our property once drilling/completion work has ended. This would be nothing to the operator. Anybody ever tried this before?
1) operators will probally want to continue to use the road when they make a well. The well will need to be serviced. If it is a temp. road they will love to hear you want to keep it. Its expsensive to to build a road, its even more expensive to remove it. We love to leave our roads after we are done.
I suggest requesting an all weather surface, such as rock. Also have stipulations that the operator must maintain the road in good condition for as long as they use it.
2) They will need to survey a right of way and the road location will have to be staked for the construction crew. Doing a boundry survey would be no big deal (they may be doing it anyway). Just request a boundry survey and plat showing the location of the road.
3) make sure any ROW you grant is for surface only, i.e. no pipelines. Make them comre back if they want a pipeline ROW.
4) make provision for drainage problems. You don't want a new road to be your new dam.
5) if you live on the property, you may want stipulations for the times the road may be used, you may not want a rig to move in at three in the morning.
6) you may want to get a hold harmless agreement from the operator, you don't want to be sued for an acident on the road by a third party.
7) Make sure they install a gate.
This list is by no means complete. Spring Branch is correct, an attourney could be of good use.
As exciting as this is, we know that we have a responsibility to do this thing correctly. After all, we want the farm to remain a place where the family can gather for another 80 years and beyond. This site was born out of these desires. Before we started this site, googling "shale' brought up little information. Certainly nothing that was useful as we negotiated a lease. Read More