Oil & Gas Lease / Drilling Issues
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Eastern Ohio has experienced a surge in interest in natural gas, oil, and energy exploration. Marcellus and Utica shale deposits have led to an enormous land rush by energy companies seeking to exploit those underground resources. Land owners find themselves faced with making crucial decisions about the future of the land that they own, whether to sell or lease the rights to oil and gas deposits, and how best to protect their land from environmental damage. Now more than ever, land owners need to carefully consider all of the issues related to selling or leasing their oil, gas, and mineral rights.
Our lawyers have been recognized by Best Lawyers in America®, Superlawyers Magazine®, Avvo.com®, and our firm is listed in Martindale Hubbell’s Bar Register of Preeminent Law Firms. Our firm has received the highest AV rating by Martindale Hubbell®.
Our attorneys have represented individuals and businesses throughout eastern Ohio. We have represented land owners with regard to their oil, gas, and mineral rights, contract disputes, and environmental damage claims. Bringing extensive courtroom and real estate transaction experience to benefit the client, our attorneys are prepared to guide land owners through the complexities they face when presented with extensive oil and gas lease documents.
What if you have not been approached by an exploration company?
Even if you have not been approached by a natural gas or oil exploration company, you may have valuable rights that you may be interested in leasing to an exploration company. Exploration companies are currently still attempting to locate potential sites for future exploration and development. Even if other owners near you have already leased their rights, you may still have very valuable rights that an exploration company may be interested in purchasing.
Being prepared to review your options requires advance planning. You may wish to speak with a lawyer now to address any questions you have and determine whether or not you may be interested in leasing your rights.
What if you are unsure about what rights you own in the property?
Our law firm provides its clients with real estate title services. This allows us to examine the history of the title to your property going back several decades in order to determine what rights a property owner has, what potential issues may exist, and what potential disputes may need to be resolved in order to safely move forward with a lease or sale transaction.
What if you already sold or leased your oil, gas, or mineral rights?
Many landowners may have sold or leased certain rights to the oil, gas or minerals below the surface of their properties several years ago. However, depending upon the type of lease, and the language that is contained in that prior lease document, those land owners may still be able to lease deep well rights to exploration companies.
Our attorneys have experience in reviewing prior deeds, lease agreements, easements, and other real estate contracts to determine whether or not you still retain the deep well rights that exploration companies are currently interested in purchasing. Drilling technology has advanced significantly through the years. Prior leases or sale of rights may have been limited strictly to shallow wells. If so, you may still own the deep well rights.
What if there is a dispute about what oil, gas, and mineral rights you have?
Our attorneys realize that some disputes require a judge or jury to decide. There may be any number of potential issues that would require a land owner to file a lawsuit:
- Does the land owner own the oil and gas rights to the property?
- Is there an existing lease on the property that might prevent the lease of rights to an exploration company?
- What if there are multiple owners of the parcel of property that cannot agree about leasing the rights?
These disputes may be fought in either Ohio state courts or in federal courts. Our attorneys are licensed to practice in all Ohio courts as well as the federal courts. We have extensive litigation experience in complex litigation. Our attorneys have litigated cases involving oil and gas lease disputes, property owner disputes, and other contract and business litigation matters.
Can you protect your property from environment damage?
One of the biggest concerns that all land owners have when considering a lease offer is whether or not drilling activity might cause environment damage to their property. Environment damage may include not just contamination of the soil and nearby water wells, but also the noise, dust and debris caused by heavy equipment and trucks entering on property to drill and service the wells on the property.
Is there a solution? Lease agreements can be structured in an attempt to address these various concerns. Depending upon available drilling sites, many leases can be structured to limit exploration companies from erecting drill sites within certain distances from dwellings or buildings. However, property owners must be able to identify and raise these questions before the lease is signed.
How does an oil and gas lease payment, and stream of royalty payments fit into my estate plan?
If you already have a lease, or if you execute a lease that provides you with a significant up front bonus as well as a future stream of royalty payments, how can you plan your estate to best protect these rights for your beneficiaries? Our attorneys can assist you with planning your estate in order to address and limit potential income and estate tax liabilities and eliminate probate administration issues. This will provide your family with peace of mind that an otherwise complicated administration process has been made easier because you planned in advance.
Faced with Natural Gas, Oil or Energy Issues? TPMR is here to help.
TPMR is available to assist you with any issues that may arise in the area of NATURAL GAS, OIL and ENERGY law law including negotiation of oil and gas leases, representation of landowner groups, contract interpretation, land title issues and litigation, and environmental litigation. Let our experienced attorneys guide you through the complexities so that your rights are fully protected. Call the office for an appointment. We are here to help.
