Replies to This Discussion

Permalink Reply by Belmont Boy on April 3, 2010 at 18:00

There are actually 2 east west lines that run near Belmont and probably continue close to 120 on to the area you refer to. One is about 1 1/2 miles north of 120, where it crosses 175, while the other is about a mile south of 120, where it crosses 175. When I say "Belmont," I'm referring to the intersection of hwys. 120 & 175. I know for a fact the north line was EnCana, and was told the south line was, also, EnCana. However, last week I was told some changes had been made....strictly street talk, so take it as such. Quite frankly, I am surprised they surveyed across your property without first gaining permission. I know a number of people who are associated with the 2 lines running near Belmont, plus lines being run up around Pleasant Hill. In every instance, the landowner was contacted for permission before anyone went on the property. You need to contact EnCana immediately about this. Is there by chance an absentee landowner adjacent to your property? Possible they talked to the wrong person for permission, or got on the wrong piece of property. A word to the wise....if they are wanting to run a line over your property, don't agree to anything until you talk to a good ROW lawyer. The basic agreement the company will present to you doesn't begin to provide the protections you will need over the long term. Good luck. Hope it all works out well for you.

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Permalink Reply by The_Baron on April 5, 2010 at 4:13

If you are leased, they may already have the right for pipelines. some leases will allow for gathering lines without any future agreements.

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Permalink Reply by The_Baron on April 5, 2010 at 4:18

From my standard lease:

9. In exploring for, developing, producing and marketing oil, gas and other substances covered hereby on the leased premises or lands pooled or unitized therewith, in primary and/or enhanced recovery, Lessee shall have the right of ingress and egress along with the right to conduct such operations on the leased premises, or on any adjacent lands, as may be reasonably necessary for such purpose, including but not limited to geophysical operations, the drilling of wells, and the construction and use of roads, canals, pipelines, tanks, water wells, disposal wells, injection wells, pits, electric and telephone lines, power stations, and other facilities deemed necessary by Lessee to discover, produce, store, treat and/or transport production. Lessee shall have free use of oil, gas, casinghead gas, condensate, and water from said land, except water from Lessor's wells, for all operations hereunder, including repressuring, pressure maintenance and recycling, and the royalty shall be computed after deducting any so used. Lessee shall have the right at any time during or after the expiration of this lease to remove all property and fixtures placed by Lessee on said land, including the right to draw and remove all casing. When required by Lessor, Lessee will bury all pipe lines below ordinary plow depth, and no well shall be drilled within two hundred feet of any residence or barn now on said land without Lessor consent. In the event a well or wells, producing oil, gas, casinghead gas or condensate in paying quantities should be brought in on adjacent lands not owned by the Lessor and within one hundred fifty feet of and draining the leased premises, Lessee agrees to drill such offset well or wells as a reasonably prudent operator would drill under the same or similar circumstances.

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Permalink Reply by The_Baron on April 5, 2010 at 4:19

The reason for this is simple, we intend to drill, and hpefully make a well and do not want to be forced to find a way to bring our product to market.

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Permalink Reply by KIM CASWELL on April 4, 2010 at 19:39

chesapeake has come on my property and surveyed without my permission caught them them and confronted them . they know whose property they are on . but if they can get away with surveying and taking what they want they will try it. needless to say it only takes me a few minutes to go right behind them and pull them up.

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Permalink Reply by The_Baron on April 5, 2010 at 4:14

Are you leased? They may have the right to be there.

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Permalink Reply by Belmont Boy on April 5, 2010 at 17:35

Baron: I am not disputing your take on the impact of certain language in the standard leases. In fact, I was confronted with that very situation. Never gave it any thought until company wanted to put pipeline across property. Despite the clause in my lease, decided to consult a ROW lawyer, and he was quick to tell me the clause does grant certain rights to the company, but does not extinguish my rights as a landowner. He cited several cases that held for the landowner. If you have that clause, they can place a line, but the landowner still has the right to require certain protections and can influence the actual location and related matters. I mention this so a landowner will not just throw up his hands and walk away. He/She still has legal rights and protections, so exercise them.

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Permalink Reply by KIM CASWELL on April 5, 2010 at 18:02

no surface rights

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Permalink Reply by bagger on April 8, 2010 at 17:02

My property is on Hwy 120 out of Marthaville before you get to Belmont. It's where the highline crosses the road.

I can understand them needed some pipeline on the property if they have a well and need to get it to a transmission line. I have no problem with. I dont have a problem with them putting stakes on my property as long as they dont do any damage to my fence and close my gate. I just want to know who the company is so I can see about getting some paper work for a right of way.

Do you think that is enCana going thru there?

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Permalink Reply by bagger on April 10, 2010 at 0:56

Still no idea. I've been there and asked around, nobody seems to know.

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Permalink Reply by Randy on April 10, 2010 at 3:14

What is written on the stakes? If you check several some may just have numbers on them, other may some words on them... they may not look like they make sense to you, but write them down (check several) and let us know.

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Permalink Reply by olddog573 on April 10, 2010 at 4:33

Its mustang working for Encana.

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