Replies to This Discussion

Permalink Reply by Missy on June 15, 2010 at 11:15

Electro,
I am the landowner, but in order to get to the site, short of hiking through underbrush, I would like to use the road. I think when and if operations actually begin, I will just ask to take some photos. I could always walk from the other side and watch. Its just not near as convenient or comfortable. I sure wouldn't want to do anythng to jepordize anyones safety. It's dangerous enough already. Thanks

• ▶ Reply

Permalink Reply by Missy on June 15, 2010 at 12:04

Thanks to both of you for info and idea. Very helpful.

• ▶ Reply

Permalink Reply by Love Horizontals on June 16, 2010 at 10:40

If you have an ownership position in the well, you are not a visitor. Depends on what ownership rights you retained and which ones you gave away in the lease.

• ▶ Reply

Permalink Reply by stephen c. robinson on June 15, 2010 at 14:39

our property has an existing parish road on it and the pad site access is that road, there is traffic and residence around the site so when we went to take a look see we parked outside the gate and after reading the site requirements we walked into the covered trailer area and visited with one of the hands for a bit . the operator saw us down there from the rig and came to advise us that we could stay where we were for a bit but to go no further as they were pulling stem out of the hole he suggested we take a few pictures and watch for awhile and then get outside the perimeter we thanked him and did as he suggested.
i worked for otis engineering and having been offshore and on several fracing operations one of the first things i noticed outside the gate was the green flag and the scba's stacked up. this is no joke h2s will kill you before you know it.always check the wind when approaching any drill site.

• ▶ Reply

Permalink Reply by Love Horizontals on June 16, 2010 at 10:44

When you enter a drill site or any other industry operation you have an ownership position in, you should always be cautious and observent to the vaious stages of ongoing operations. It is a business operation, not a tourist attraction, and always should be treated as such.

• ▶ Reply

Permalink Reply by Sligo on June 16, 2010 at 2:42

If you are the land owner of the site, you have the right to go anywhere you like. but drilling sites are dangerous and you could get killed of hurt exercising your rights.

• ▶ Reply

Permalink Reply by Missy on June 16, 2010 at 3:18

Sligo,
I am quite certain that when a lease is signed, my rights to the area are at least limited. That is the purpose of the lease. I suppose it would depend on the language of the lease, but most will have you refrain from interferring, etc. My location is just a little out of sight from any road except the lease road, which crosses someone else's property before it get on mine.

• ▶ Reply

Permalink Reply by Love Horizontals on June 16, 2010 at 10:58

All depends on what you negotiated for when you negotiated the terms of your lease. We have never had a lease (in over 30 yrs) that didnt allow us access. Also, where we own minerals but dont own the surface anymore, the current owner of the land cant keep anyone with an interest in the minerals from entering the property to check on their investment. In TX mineral estate is dominant and the surface estate is subservient.....exists for the benefit and use of those who own the mineral estate. Therefore where someone owns both the surface and the minerals, is CRITICAL for them to take special care in protecting and limiting the surface use. If someone signs a lease the oil co writes instead of writing their own, the landowner effectively not only leases the minerals but gives the oil co what is known as "surface control".

• ▶ Reply

Permalink Reply by Love Horizontals on June 16, 2010 at 10:45

Agree. A drill site is no different than any other industrial operation. They are dangerous and you must always use caution and good judgment when exercising your rights.

• ▶ Reply

Permalink Reply by carolyn johnston on June 16, 2010 at 7:50

we have several wells and lease roads on our property in harrison county texas. we drive these roads all the time. in fact, it is only because of these roads that we can access most of our land.and in fact, when they are out building roads, we often ask them to do a little work for us since they already have the equipment there. sometimes we compensate them, but usually they just do it for free.

If there is activity going on at the lease site, I ask the crew if it is ok to watch and from where. i wouldn't want to get in their way or get hurt. you should check with your operator to be sure.

• ▶ Reply

Permalink Reply by Love Horizontals on June 16, 2010 at 10:38

A couple of points:
First look at your lease as to what provisions you included in your lease. We typically have language in ours that specifcally provides for our, and our representatives access not just to the drill site, but on the derrick floor. Remember, you still have a 25% interest in what is coming out of the ground and you gave up 75% of all the rest of the O&G you owned... forever... in exchange for the oil co to front the money/cost to drill (they get paid back the drilling cost, depending on the well volume, in 1-3 years....from then on it is profit. However, if you signed the OIL CO lease and they dictated lease terms to you versus the other way around, then you likely gave up your rights i.e. they can dictate how, when and if you can access your own property and investment. It is in the Oil co's best interest for you to see and know less about what is happening on and to your property.

Second, (TX) the landowner owns the surface and the oil co pays damages to put in a road (or use landlowners existing road). It is the landowners road (and who is paying taxes on the land used for the road) and they would be hard pressed to prevent you from using it ....unless you gave up your rights in your lease. The usual position the oil co takes is danger and insurance to prevent you from accessing your property and gas investment. However, the same is not an issue for them if you retained your rights.

• ▶ Reply