Replies to This Discussion

Permalink Reply by Henry on December 20, 2009 at 7:58

nana,
Think hard before taking the money. If you live near this well, or have a beautiful piece of property, this well (and the rusty fences and drooping electric line and poorly-maintained road) will be an eyesore forever. Someone has to take the well, but realize this is a forever thing and a one-time payment. Ask yourself: will the $4k be worth it 50 years from now? If so, take the money.

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Permalink Reply by Landowner on December 20, 2009 at 8:56

Does the standard oil,gas and mineral lease allow the o/g company to place a pad on your property with out additional compensation. I have not signed as of yet, but do I need a statement added for this agreement.

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Permalink Reply by Bobi Carr ("parker") on December 20, 2009 at 9:02

Landowner,

Just include a "no surface" clause and then they will have to come back and negotiate this separate of a lease.

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Permalink Reply by Skip Peel - Mineral Consultant on December 20, 2009 at 11:06

A standard lease form usually gives the lessee the right to use the surface within certain limitations as they see fit. A "No Surface Use" clause is the usual means to limit those rights. A lessor can ask for such a clause yet still convey their willingness to negotiate separately for surface use. By doing so they retain the right to approve proposed surfaces uses and receive additional compensation for those uses.

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Permalink Reply by Landowner on December 20, 2009 at 9:05

Thanks Parker, I will ask for a "no surface" clause.

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Permalink Reply by The_Baron on December 21, 2009 at 5:46

Unless there is stipulation in the mineral reservation, The surface owner is entilted to damages only, usually just for timber. would depend on the terms of the lease.

Only fidiciary duty to the surface estate is to restore the location.

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