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Energy, Oil and Gas Questions & Answers
Q: How to get a oil well company fix my parents driveway?
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.
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
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.
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
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.
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
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.
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.
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...
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
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.
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
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.
If I were you I would contact the Alabama Public Services Commission and file a complaint.
Q: i left utilities in my name after selling my business until new owner could switch is she responsible for unpaid bill
2 Answers
| Asked
in
Business Law, Civil Litigation, Contracts and Energy, Oil and Gas
for
Florida
on
Answered on Mar 5, 2018
Answered on Mar 5, 2018
Q: Can my neighbor sell his land to an energy company without my consent?
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...
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
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.
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
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.
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?
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.
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?
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.
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.
Q: Recently found out I was a victim of fraud loosing around $20k.
Aimee Hess' answer
I am assuming the fraud arises from some kind of oil and gas investment you made. When I am asked about these kinds of cases, the first thing I do is review the documents you were given and that you may have signed and discuss the facts with you in order to determine whether you have a valid claim. Next, I do some background research on the potential defendant to see if they have sufficient assets to pay a judgment. Once you know whether you have a valid claim or not and whether the defendant...
I am assuming the fraud arises from some kind of oil and gas investment you made. When I am asked about these kinds of cases, the first thing I do is review the documents you were given and that you may have signed and discuss the facts with you in order to determine whether you have a valid claim. Next, I do some background research on the potential defendant to see if they have sufficient assets to pay a judgment. Once you know whether you have a valid claim or not and whether the defendant...
Q: I own 140 acres of mineral rights in Oklahoma but 40 acres has another persons name I do not know. How do I remove?
1 Answer
| Asked
in
Energy, Oil and Gas and Real Estate Law
for
Oklahoma
on
Answered on Dec 31, 2017
Answered on Dec 31, 2017
Richard Winblad's answer
It is unlikely that you will be able to remove the other person if they are in the chain of title. It is not unusual for mineral interests to be fractionalized. You can only remove somebody if they are a stranger to title. For example, if a deed or conveyance mistakenly included the wrong legal description. Start with a mineral title opinion. This is not inexpensive.
It is unlikely that you will be able to remove the other person if they are in the chain of title. It is not unusual for mineral interests to be fractionalized. You can only remove somebody if they are a stranger to title. For example, if a deed or conveyance mistakenly included the wrong legal description. Start with a mineral title opinion. This is not inexpensive.
Q: How do I get mineral rights in my name?
Richard Winblad's answer
The cleanest method is to probate those interests. You may be able to do this using a summary probate procedure. This is usually relatively inexpensive and quick. There is also an affidavit of heirship. However, many oil companies will not pay royalties unless there is a probate court order in place. An attorney should be able to help you.
The cleanest method is to probate those interests. You may be able to do this using a summary probate procedure. This is usually relatively inexpensive and quick. There is also an affidavit of heirship. However, many oil companies will not pay royalties unless there is a probate court order in place. An attorney should be able to help you.
Q: With a special warranty deed can you have a reservation without using the word excepting or reserving if there's a lease
1 Answer
| Asked
in
Real Estate Law and Energy, Oil and Gas
for
Oklahoma
on
Answered on Dec 11, 2017
Answered on Dec 11, 2017
Richard Winblad's answer
Your question seems to ask whether the type of deed impacts the ability to reserve a mineral interest (not given to the grantee). The answer is no, any type of deed can reserve a mineral interest. Also there is no requirement that there be a current lease in order to reserve a mineral interest. You should have an attorney review a contract and/or deed.
Your question seems to ask whether the type of deed impacts the ability to reserve a mineral interest (not given to the grantee). The answer is no, any type of deed can reserve a mineral interest. Also there is no requirement that there be a current lease in order to reserve a mineral interest. You should have an attorney review a contract and/or deed.
Q: We recently purchased some FL property (warranty deed) & when I inquired if the sale included the mineral rights
Andy Wayne Williamson's answer
The question regarding mineral rights, especially in the Santa Rosa County area, runs deep. (A little pun intended). Your question is dependent upon title records and a thorough review thereof. Also, there is just simply no way to give a general answer to a question like this. You need to retain a local real estate attorney to research the issue with a mineral rights search.
Good Luck,
The question regarding mineral rights, especially in the Santa Rosa County area, runs deep. (A little pun intended). Your question is dependent upon title records and a thorough review thereof. Also, there is just simply no way to give a general answer to a question like this. You need to retain a local real estate attorney to research the issue with a mineral rights search.
Good Luck,
Q: If I sign a employment agreement in which I'm to receive 30% of my annual salary as a bonus each year plus an addition %
Charles Joseph Stiegler's answer
Thanks for the question. It's not clear what you mean by "reconstruction in court," but if you are referring to a bankruptcy restructuring, the answer is that companies undergoing bankruptcy may have the right to rescind or reject contracts that were entered into before the bankruptcy. This is a highly fact-specific question, and cannot be answered without more precise details regarding the contract and the company's legal status.
Charles
Thanks for the question. It's not clear what you mean by "reconstruction in court," but if you are referring to a bankruptcy restructuring, the answer is that companies undergoing bankruptcy may have the right to rescind or reject contracts that were entered into before the bankruptcy. This is a highly fact-specific question, and cannot be answered without more precise details regarding the contract and the company's legal status.
Charles
Q: I am heir to a 25% mineral interest on 297 acres. They're drilling a well. Do I get 25% of the 25% from leasee?
Tammy Lyn Wincott's answer
You should take all deeds and any other proof of inheritance, etc. to an oil and gas or real estate attorney in your area for an in-depth review.
You should take all deeds and any other proof of inheritance, etc. to an oil and gas or real estate attorney in your area for an in-depth review.
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