Surface Rights VS Gas Rights
#1
Earlier this year, the gas company marked four areas on my hunting lease with ribbons and stakes (i.e. the sites of intended gas wells). During the summer, they put in one of the wells. Because of the mountainous terrain, this is a major operation. They have to constuct roads to even get to the site.
There was initially some concern that they were going to put in some of the wells around hunting season. The original start date for the road building to the other three wells was end of Octobor. Fortunately for us, the project was delayed until after the first of the year.
This however got me thinking. My question is this - As lease holders, do we have any say on when they can be on the property? In other words, we pay alot of money for this lease only to use it primarily 2 1/2 months out of the year. Don't we have as much right to the land as they do? I'm not saying they can't put in their wells. I am just saying I don't want them in there October through December. Having them in there during this time would have been a major inconvenience. Now granted, we are not the land owners, but I think the land owners would back us up on this.
So what do you guys think. Do we have any say in this? Do we have any legal rights in this matter?
There was initially some concern that they were going to put in some of the wells around hunting season. The original start date for the road building to the other three wells was end of Octobor. Fortunately for us, the project was delayed until after the first of the year.
This however got me thinking. My question is this - As lease holders, do we have any say on when they can be on the property? In other words, we pay alot of money for this lease only to use it primarily 2 1/2 months out of the year. Don't we have as much right to the land as they do? I'm not saying they can't put in their wells. I am just saying I don't want them in there October through December. Having them in there during this time would have been a major inconvenience. Now granted, we are not the land owners, but I think the land owners would back us up on this.
So what do you guys think. Do we have any say in this? Do we have any legal rights in this matter?
#2
No, only the property owner can, and even that is subject to the provisions in the gas lease. As sport lessors you have no legal right to tell the gas company anything, and considering that the landowner will be making money from them too you're better off not rocking the boat. Work around them, the game you're hunting will adjust to them quickly.
#3
Boone & Crockett
Joined: Feb 2003
Posts: 10,079
Likes: 0
From: Ponce de Leon Florida USA
You as a lease holder have no rights to say anything to them about when the gas explorationpeopleare on the property. I wouldn't even bring it up, you could potentially lose your lease. I write leases for a few thousand acres and to me and the landowners it is a pain in the butt sometimes to put up with some of the lease groups. The wildlife probably won't alter their habits much, if any.



