Colorado Energy, Oil and Gas Questions & Answers

Q: How do I find a lawyer to represent a land owner selling or leasing to a utility grade solar company?

1 Answer | Asked in Energy, Oil and Gas for Colorado on
Answered on Nov 16, 2018
Ashley Dean Powell's answer
You may find attorneys advertising this particular expertise. Otherwise, you should look for real estate attorneys in your area. You could be proactive by finding the attorney now, or you can wait until you believe you have an offer/proposal from the solar company to then take with you to an attorney for review and advice. By getting an attorney involved early, you may be able to prevent yourself from tentatively committing to what you think is just the "business deal" or the letter of intent...

Q: Dispute with HOA over our mineral rights.They are claim ownership rights.We say we own but give HOA POA.Who is correct.

1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for Colorado on
Answered on Apr 4, 2018
Jim Ed "Jed" Franklin's answer
There is a lot to this question. The first is whether the lot owners were given the minerals to begin with. If so, then the question is whether this covenant applies to each lot. It probably does. Then, what does this covenant mean. This covenant allows the HOA to execute leases for each lot owner. This is probably to control development in the subdivision. What isn't clear is who gets the bonus for signing the lease and who gets the royalties. It would appear that the lot owners get...

Q: Is it possible for me to sell mineral rights to the land under my property but maintain the surface rights above ground?

2 Answers | Asked in Energy, Oil and Gas for Colorado on
Answered on Feb 10, 2017
Tristan Kenyon Schultz's answer
Yes, you can. However, a lease or sale of mineral rights will also condition a right to access the above-ground property so the extraction can occur (i.e. the mining trucks will require some means to enter the property to extract the resources). Also, the nature of what is reasonably marketable is partially contingent on the size and scope of the land. Contact a real estate attorney who is familiar with resource extraction for details.

Q: I have a non compliant trustee my sister's will .what should be done

2 Answers | Asked in Energy, Oil and Gas, Estate Planning and Probate for Colorado on
Answered on Jan 6, 2017
Tristan Kenyon Schultz's answer
At this point the best approach is to contact a probate attorney to discuss your case and potential claims against the trustee. As an aside, it is beyond strange that the estate has not been probated for such a long time (unless complex litigation with appeal occurred with the estate). Make sure to contact an attorney in the state and county where the person died.

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