Replies to This Discussion

Permalink Reply by msfva on April 7, 2009 at 5:27

Document, document, document! Even if you cannot get the sheriff or police to come look at it, take some good pictures, so you have a record. These will help you as you do figure out how to get them to fix it.

Permalink Reply by Rod B. on April 7, 2009 at 7:01

We took a lot of pictures of the trucks running over what was left of the corner post and the trucking company sign on the door of the truck. And by the way, our property is not leased to anyone at the present time. I talked to the sheriff myself about this and his response was they are not intentionally running over our property. It's just the truck and trailers are so long they cannot make the turn. So, I thought Chesapeake might want to lease some property until they get thru drilling. But CHK has not returned my call. I asked them about it about 1 1/2 mo. ago when the first rig moved in.

Permalink Reply by BARBARA'S MA on April 7, 2009 at 7:29

MSFVA is right, so can I say this again? DOCUMENT, DOCUMENT, DOCUMENT!!! (with every incident dated). Use a designated notebook that you have available 24/7. YOU MUST TAKE PICTURES of EVERY incident! Call Chesapeake every time; call the sheriff every time. When you call the sheriff, get the name of EVERY person you speak to, what they said, note the date and specific incident you called about-everytime. EVERYbody gets nervous when one starts taking names and repeating back to them exactly what they just said because they don't know what you're going to do with that information and DON'T TELL THEM-NO THREATS (works especially well when done in person). Do the same with Chesapeake. Get all promises by Chesapeake in writing, even if it is said by one of the guys tearing down your fence (when he refuses get his name). Be very diligent. No, you shouldn't "HAVE" to do this repeatedly, but do you want it to stop and/or have damage repaired?

I have property there, but live in a huge city where so many people do business this way as a matter of course. 30+years ago, my first attorney told me about "documentation and THE NOTEBOOK". Of course, it was a lot of trouble, would take a lot of time, AND a lot of notebooks. I didn't do it (other things to do). I lost, paid dearly emotionally and financially for a long time.

If you feel by doing this, that you're being a PEST or that this is EXTREME, then you're on the right track. By the way, do you have a lease on your property? That doesn't change the recommended actions, just curious. If not, one would think that the sheriff would be more interested (and I don't mean in his royalties).

Permalink Reply by BARBARA'S MA on April 7, 2009 at 9:34

What a guy! In real life, Cheasapeake is not intentionally NOT running over your property either! People who say things like that don't like double negatives but because a double negative = a positive, my statement is just as positive as the sheriff's, therefore the results of both statements are equal. Means you still lose and the sheriff is ok with his justification of why you lose. I'm too disappointed. I thought in the parish, the sheriff was still the highest rung on the ladder of law enforcement and still had the final say on trespassing and other illegal activity, as well as an obligation to uphold the law. Isn't he an elected official?

Regardless, NO LEASE means DO NOT TOUCH my fence, or property WITHOUT MY PERMISSION, no matter how "too long" your trucks or trailers are or anything other problems you may encounter. If I were in your position I would:

1. Immediately PUT UP NO TRESPASSING SIGNS; I believe in Louisiana that means a particular (silver?) paint at a certain height on trees that are visible at any perimeter of your property. At least that is what the previous sheriff of Desoto Parish told me a few years ago, but you should call the sheriff to get exact requirements by law. TAKE PICTURES, dated.

2. Get a picture of the license plates on all trucks; this will tell who is actually running over your stuff.

3. Go to the post office and send a "Certified" and "Returned Receipt Requested" letter to Chesapeake. Include (a) the # of times their employees have trespassed as of this date, (b) all previous contact info including date, method, who you spoke to, (c) complaint details, ie: description of damage and dates of your requests to stop damaging and trespassing, etc., (d) a statement that your property is posted, with no trespassing postings as required by the state, (e) dated pictures of signage (f) include copies of pictures of their trucks, any others that don't belong on your property (subcontractors will assume you are leased), (g) letter serving as written notice to Chesapeake to refrain from illegal activity of trespasing on and destroying your property, (h) state that you have photos of extensive damage (don't send them, wait to be asked for them, or upon the advice of a lawyer) and that you expect to be compensated for all damages, (i) the address where the offense occured, and last of all, I would give them 10 days from receipt of this letter (you will get confirmation of the date & who signed for it in the mail from P.O.) to respond to me at: whatever address you want.

Just FYI, years ago an O&G company wanted to drill on a section that ran parallel to the side of my property (which was in a different section). My property is wide, taking up 1/2 of its section east to west. They decided to unitize 1/2 of the section I was in and 1/2 of the section they wanted to drill on. A situation such as yours was avoided and I received royalties from a well in the section next to mine.

I would not mention a lease; if you wanted one and they wanted one, you would have one. If they come to you, there is a 100% better chance you will get it on terms that benefit you instead of just the land leasing company and Chesapeake.

Permalink Reply by herefordsnshale on April 7, 2009 at 11:21

In my experience, companies do not do any repairs until they are completely through moving equipment in or out, unless it is a fence that involves livestock. But like the others said, stay on them. Sometimes it takes a lot of squeaking before grease is applied.

Permalink Reply by Explorer on April 29, 2009 at 4:26

If you are still having problems in regards to this, please send me a brief overview and your contact information and I will have someone get in touch with you.

Permalink Reply by Rod B. on April 30, 2009 at 15:27

Yes they are still tearing down the corner of our fence as of 4/25/2009. They (CHK) do come and put it back up, but the trucks are still running over our property. My e-mail address is rbf434@hughes.net