Energy, Oil and Gas Questions & Answers by State

Energy, Oil and Gas Questions & Answers

Q: How much should a leese pay leesor for a shut in well per month per acre?

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Answered on Jun 14, 2018
Richard Winblad's answer
If you have a lease that should already be spelled therein. If someone is asking you to sign a lease that amount is negotiable. The producer should also be required to pay the shut-in without requiring the mineral owner to request it. Producers look for a $1 per acre upon request. Mineral owners should request a greater amount. Perhaps $25. Nobody gets rich on shut-in royalties.
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Q: Does adverse possession include mineral rights underneath the land's surface?

1 Answer | Asked in Energy, Oil and Gas for Texas on
Answered on Jun 14, 2018
Aimee Hess' answer
Adverse possession of the surface can include adverse possession of the mineral rights as long as the mineral rights have not been severed from the surface. Severance of minerals rights from the surface estate can occur in a number of ways, such as a lease of the minerals, a deed which reserves the mineral rights or an outright deed of the mineral rights to a third party. An oil and gas attorney will need to review documents in the chain of title for the property to determine whether severance...
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Q: Is a surviving spouse entitled if not listed on title and there is no will? Deceased owner have children.

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Answered on Jun 6, 2018
Richard Winblad's answer
If there is no Will, the spouse and children are entitled to inherit under Oklahoma's intestacy statute. The percentages vary if there are step-children.
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Q: For Mother’s Day we had a cookout, but after starting the grill and while I was cooking it blew up in my face burning me

2 Answers | Asked in Personal Injury, Products Liability and Energy, Oil and Gas for West Virginia on
Answered on May 20, 2018
D. Michael Burke Esq's answer
This can be a very complicated case, and costly, too. What exactly blew up? Did the grill malfunction? Was the grill well maintained? Was it a gas grill--and did the propane tank explode? Did a connection leak?

All of these questions must be answered to determine who was at fault. But the most critical issue in a case of this sort is: how severe were the injuries? was hospitalization required? How much are the medical bills? Will you require plastic surgery?

Q: Do you need to get permission to install wind power on a privately owned farm?

1 Answer | Asked in Energy, Oil and Gas for Texas on
Answered on May 7, 2018
Aimee Hess' answer
In most cases, yes, you need not only permission to install wind turbines on privately owned property, you must have a written agreement, usually in the form of a lease, which addresses the compensation to the landowner and other important issues.

Q: How to get a oil well company fix my parents driveway?

2 Answers | Asked in Energy, Oil and Gas and Land Use & Zoning for Ohio on
Answered on Apr 17, 2018
Joseph Jaap's answer
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.

Q: My mother had a interest in oil property in Oklahoma that was left to my brother and me. He is deceased. In a settlemet

1 Answer | Asked in Energy, Oil and Gas and Probate for Texas on
Answered on Apr 10, 2018
Aimee Hess' answer
The answer is maybe. This is a case where the devil is in the details. The unclaimed property department of each state is separate from one another. However, you will still need to have an attorney review both the settlement agreement and any documents relevant to the Oklahoma oil property to determine whether the Oklahoma property goes to you or to his daughter under the terms of the settlement agreement.

Q: Chapter 11 bankruptcy after the final decree when do the creditor get paid for there proof of claim. This a oil and gas

1 Answer | Asked in Bankruptcy and Energy, Oil and Gas for Texas on
Answered on Apr 6, 2018
Aimee Hess' answer
In most cases, in a Chapter 11 "Debtor in Possession" proceeding, the debtor prepares and files a "Plan of Reorganization" that must be approved by the Court and certain creditors. In most cases that I have been involved with, the Plan will provide details on when creditors get paid. You can get a copy of the Plan from the Bankruptcy Clerk, the Debtor's attorney or, in some cases, online through the PACER system.

Q: My landlord charges us for gas but he never gives us a physical bill just verbally.

1 Answer | Asked in Energy, Oil and Gas and Landlord - Tenant for Indiana on
Answered on Apr 6, 2018
Alexander Florian Steciuch's answer
You can be charged for gas without seeing a bill. That said, if you believe that you are being overcharged you should ask to see the actual bill.

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: If my grandmother's name was forged on a document that cut her out of dividends from land (oil). What can be done?

2 Answers | Asked in Estate Planning, Real Estate Law, Energy, Oil and Gas and Probate for Texas on
Answered on Mar 11, 2018
Terry Lynn Garrett's answer
How long ago did this happen? It may be too late to correct the situation.

Q: Can the power company shut off service for non payment at a different residence bc my brother used my name on the bill?

1 Answer | Asked in Foreclosure, Energy, Oil and Gas and Consumer Law for Alabama on
Answered on Mar 7, 2018
Rafael Gil III's answer
If I were you I would contact the Alabama Public Services Commission and file a complaint.

Q: Me and one other party are on a year lease. Other party started violating lease, using drugs, not paying rent

1 Answer | Asked in Energy, Oil and Gas and Landlord - Tenant for North Carolina on
Answered on Feb 27, 2018
Salim U. Shaikh's answer
If power was in your name then you can ask to shut off its supply fearing misuse by others who are not paying any penny or else the current lessee may transfer it in his name.

Q: Can my neighbor sell his land to an energy company without my consent?

1 Answer | Asked in Energy, Oil and Gas for Texas on
Answered on Feb 23, 2018
Aimee Hess' answer
In many cases, a neighbor can sell his or her land without your consent. Texas laws and the Constitution support the idea that people can buy and sell their property as they please. In some cases, there may be deed restrictions or restrictions in an owner's chain of title that can limit transfers. In addition, there may be zoning regulations or ordinances that limit how property is used. To know what law applies in your case, you would need to talk to a Texas real estate attorney so they can...

Q: Is it possible to claim legal ownership over all the dark matter in this universe?

3 Answers | Asked in Contracts, Business Law, Energy, Oil and Gas and International Law for New York on
Answered on Feb 23, 2018
Michael David Siegel's answer
There is a minute of my life I'll never get back. Seriously, all space issues are governed by UN treaty, so no.

Q: What to do when a distributor of gasoline fails to keep records of fuel delivered to my store.

1 Answer | Asked in Criminal Law, Energy, Oil and Gas, Business Law and Consumer Law for Mississippi on
Answered on Feb 21, 2018
Arthur Calderon's answer
You need to consult with an attorney to provide additional information. Off of the top of my head, the things that I am thinking of are the records showing delivery of the gas, the method of payment, when paid, and a reconciliation of your records to theirs.

Q: Mineral rights ownership required to merge two parcels?

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Ohio on
Answered on Feb 20, 2018
Joseph Jaap's answer
It depends on when and how the ROW was granted and to whom and for what. The owner of mineral rights might retain the ROW. Use the Find a Lawyer tab to find a local real estate attorney familiar with mineral rights to review the deeds, easements, and any other documents of title to advise you.

Q: When does the right to request a re-assignment terminate if the provision allows for them to exercise in perpetuity?

2 Answers | Asked in Energy, Oil and Gas for Texas on
Answered on Feb 15, 2018
Aimee Hess' answer
It sounds like you have a valid concern here. However, in situations like this, the devil is in the details. In other words, an experienced oil and gas attorney would have to review those assignments and discuss the facts with you to be able to advise you appropriately. There may be common-law doctrines, such as estoppel, that would operate to prevent them from exercising the re-assignment.

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