Q: How to get a oil well company fix my parents driveway?
A oil well company uses my parents driveway to gain access to a road that the oil company uses to drive there trucks on. It is so rutted out by there equipment it is flooding the bottom of my parents drive. I have made to attempts to speak with someone at this company concerning this matter. No one has returned my calls.
A: Use the Find a Lawyer tab to retain a local real estate attorney to assist. Find out if the oil company has an easement to use the driveway. If not, tell them to stop. If so, what does the easement say about repair of damage? Get an estimate for cost of repairs and send that to them by certified mail or FedEx and say if not fixed, parents will sue them. If they don't fix, then sue in small claims court up to $6,000 or up to $15,000 in municipal court.
A: The oil and gas company probably has a written easement agreement allowing it to use the easement, which should also provide its obligations to maintain easement in good repair. If there is no written agreement you can bring a declaratory judgment action to have the court determine that it is exceeding the granted use.
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