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Q: Water main broke. Flooded basement, washed out gravel, dirt, grass. Insurance claim denied as 'act of God'!?

God did not lay the pipe! Utility vendor insurance carrier says not liable for damages as no work had been done that was faulty, just normal wear. But also claimed 100 year pipe, only been 50 years in. Another main burst 100 yards down road yesterday. My damage was 4 weeks ago. Should I file... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 3, 2021

A North Carolina attorney could advise best, but your post remains open for three weeks. You could continue to await a response, but you could also consider reaching out to local attorneys with experience in civil litigation and property & casualty losses. This has the makings of a complex,... Read more »

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: I have a mineral deed for a producing well in Oklahoma that has a term interest of 99 years that is about to expire.

My question is in Oklahoma if a well is producing shouldn't it continue? What is the law regarding a producing well?

James Tack Jr
James Tack Jr answered on Jul 28, 2021

Whether the term interest continues past the 99 year term is dependant on the exact wording in the instrument which created the interest. There are fixed term interests. For example "for a term of 99 years." And there are interests which continue for as long as there is production from... Read more »

Q: I Want to Open Hydrogen Station, I wanted to Know about its Legal Formalities etc. In USA
Tim Akpinar
Tim Akpinar answered on Jul 28, 2021

A California attorney could advise best, but your post remains open for four weeks. It could be difficult for any attorney to meaningfully advise on the formalities you ask about in the brief format of this forum. There are many things to consider, whether from an intellectual property standpoint... Read more »

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: What mineral rights /circumstances do I need to hold to prevent someone from drilling on my land, practically speaking?

I know if you have the full "twig" that is ingress and egress, you can prevent any drillers from coming on your land...

But what if you have fractional, undivided interest (1/8th or 1/5th or 1/6th)?

Aimee Hess
Aimee Hess answered on Jul 13, 2021

Generally speaking, in Texas each undivided mineral owner has the right to have their share of the minerals produced, even in the absence of consent from other undivided owners. In some cases, the Texas Railroad Commission requires a certain percentage of the mineral owners to be leased. In... Read more »

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: If you have fractional interest in mineral rights, can you prevent someone from drilling on the surface of the land?

I know if you have the full "twig" that is ingress and egress, you can prevent any drillers from coming on your land...

But what if you have fractional, undivided interest (1/8th or 1/5th or 1/6th)?

James Tack Jr
James Tack Jr answered on Jul 13, 2021

Generally, all cotenants have the right of access to the jointly owned property. If you own surface and a partial mineral interest, the other mineral interest owners are your cotenants and they have right of access also. The best solution for a surface owner with partial mineral interest is to... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Energy, Oil and Gas for Oregon on
Q: Could I Sue my family for not turning over my mother's land and mineral to her children that she inherited after she die

My Grandmother's Mother passed left, which left my grand mother land and mineral. My grandmother passed which My mother then inherited some land and minerals. My mother's brothers and sister decide not to let her children know they inherited land and minerals so the kids never got any... Read more »

Theressa Hollis
Theressa Hollis answered on Jul 7, 2021

It sounds like you have a complicated question with several moving parts. I recommend you bring in all the information you have and meet with an experienced probate attorney who can let you know your rights in this situation.

2 Answers | Asked in Estate Planning, Energy, Oil and Gas and Probate for Texas on
Q: My niece was in my grandma's will 30 yrs ago to receive oil lease. It was not probated. Is the will valid? Can contested

This is in Texas. She has been receiving royalties. But can it be contested by heirs since it was not probated within 4 years?

Aimee Hess
Aimee Hess answered on Jul 5, 2021

First, be aware that your niece may also be an heir of your grandmother even if the will was not probated. The oil company may have accepted a certified copy of the grandmother's will filed in the deed records or an affidavit of heirship as evidence of your niece's entitlement to... Read more »

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2 Answers | Asked in Energy, Oil and Gas, Probate and Estate Planning for Oklahoma on
Q: What is the process for making the oil company to pay out the royalties owed to our branch of the family?

My great aunt died intestate with oil interests and royalties. She died a widow with no children. She had 3 sisters and one brother. Her estate was resolved and the oil interests and royalties were paid except to one branch of her heirs - her one sister who is my grandmother. My grandmother died... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 14, 2021

This is not a question that can be answered or resolved on a free online forum. You will need two Oklahoma attorneys who can help you with this - a probate attorney and an oil and gas attorney. If you would like some recommendations, write to me directly at nina@cumberlandlegacylaw.com and I can... Read more »

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1 Answer | Asked in Energy, Oil and Gas for Pennsylvania on
Q: Do I have any rights regarding a utility scale solar farm built in my backyard with no buffer zone?

The DEP approved the drawings and construction has began. It's a 700 acre farm that is fenced at my property line.

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

That is more a matter for your zoning commission. It could be a violation of zoning regulations. A person isn't required to use land in a way that is aesthetically pleasing.

1 Answer | Asked in Car Accidents and Energy, Oil and Gas for Kentucky on
Q: Can a utility company in ky shut off my home power because I owe them for a power pole from a car accident

A year a go in bad weather I hydroplaned my mother in laws car into a power pole on my way to work. Her insurance did not cover the pole. Bow a year later the utility company says if I dont pay $5200 for this utility pole by the end of the month then they are shutting my power off to my house...I... Read more »

Timothy Denison
Timothy Denison answered on Jun 8, 2021

I do not believe they will actually shut the power off. You probably should make arrangements to make monthly payments toward the pole and resolve the issue.

1 Answer | Asked in Energy, Oil and Gas for Florida on
Q: I have a house in Ohio. All the utilities are in my name and all are current. Yesterday they put a tag on the door

That stated if a bill from 2019 in an account in someone else's name wasn't paid they were going to shut power off.

Can they do that

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 29, 2021

Probably. But what does it have to do with Florida law?

1 Answer | Asked in Energy, Oil and Gas, Estate Planning and Probate for Oklahoma on
Q: My father died without a will and I want to know what is required to transfer the mineral rights to me and my siblings.

Okla affidavit of heirship requires a 10 yr waiting period, what is another option with a shorter waiting period?

James Tack Jr
James Tack Jr answered on Apr 27, 2021

You need to do a probate of the estate. This is because mineral interests are an interest in real property and to pass marketable title you have to have to probate of the estate. The affidavit of heirship is for severed mineral interests and is a method to obtain marketable title if the affidavit... Read more »

1 Answer | Asked in Criminal Law, Energy, Oil and Gas and Environmental for Texas on
Q: What is the charge for stealing water and tampering with water pipes at your home in Texas?

For 5 months, after tampering with the pipes what would the charge be? (A felony? Misdemeanor?) and how much fine or jail time in Texas?

Also the total amount was less than $600 of water stolen and it was fully paid for before the court date? And the person has no previous jail time or... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 25, 2021

A Texas attorney could advise best, but your post remains open for three weeks. In most jurisdictions, what you describe sounds like things that fall under the general heading of theft of services. Your friend should reach to a criminal defense attorney in the applicable county to discuss more... Read more »

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: if a utility is in a persons name , in oklahoma, is that the person who is responsible for this bill
Jessica Brown
Jessica Brown answered on Mar 23, 2021

Generally, yes. There are some exceptions to this, but I don't have enough information here to know more.

1 Answer | Asked in Energy, Oil and Gas for Ohio on
Q: Can a person legally cash royalty checks sent by mistake from mineral rights they sold months earlier?
James Tack Jr
James Tack Jr answered on Mar 18, 2021

You need to review your sales contract or mineral deed to determine the effective sate of the transfer. If the revenues are for before the effective date they would belong to you. If after the effective date, they belong to the buyer. If you cash the check and the revenues do not belong to you,... Read more »

1 Answer | Asked in Energy, Oil and Gas for Maryland on
Q: Are all apartment units in Maryland required to be submetered?

I have been getting charged from my utility company for gas when I physically shut off our gas because we don’t use it I’m in a middle apartment with units above and below no need to turn on the heat when I called the utility company about this they said the meter was broken so they charge us... Read more »

Mark Oakley
Mark Oakley answered on Mar 16, 2021

The only requirement is that the lease address how utilities are to be charged and paid, whether by individually metered use or by a collective prorated charge. Look at your lease. If the lease says you should have a separate metered unit, and the meter is broken, the landlord needs to fix the... Read more »

1 Answer | Asked in Energy, Oil and Gas for New York on
Q: Is filling up gas from a truck to a car legal in NY?
Tim Akpinar
Tim Akpinar answered on Mar 11, 2021

You might need to check across several sources of law for that because it could involve regulations for transport, sale, metering, vapor recovery, fire prevention, safety, or other areas. Additionally, the regulations could possibly involve agencies on different levels (federal, state, etc.).... Read more »

1 Answer | Asked in Energy, Oil and Gas for Colorado on
Q: I have a very small working interest in an old well in Logan County CO that I inherited. Over time the income has

Dropped and the operating costs have gone way up. The operator is thinking of packaging this well with some other low producing ones and selling them. Would I receive any proceeds from this sale?

James Tack Jr
James Tack Jr answered on Mar 8, 2021

You would not receive any monies from the operator's sale of its interest. However, If you want to get rid of your interest, you might tell the operator that you are willing to sell your interest along side his. A purchasing operator often times will want as much of the well as he can... Read more »

2 Answers | Asked in Energy, Oil and Gas and Estate Planning for Oklahoma on
Q: My mother passed away with a trust. She put her mineral rights in the trust. The attorney who created her trust has

Passed away as well. The law firm told me that the attorney put the wrong legal description on her mineral rights. Is the law firm responsible for correcting this for me?

James Tack Jr
James Tack Jr answered on Mar 2, 2021

The liability of the law firm could depend on a number of factors that are not revealed in your question: The nature of the mistake and how it occurred. Any complicity in the mistake by your mother. How long ago this happened. The relationship between the firm and the attorney. If you... Read more »

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1 Answer | Asked in Energy, Oil and Gas and Small Claims for Texas on
Q: Can I sue my solar company for misleading sales tactics in Texas?

About 3 months ago, I was provided a presentation on some solar panels. There were several key points in the presentation that convinced me that this was the company to go solar with. The first year of payments was on the company, which they came through on with a check. The biggest reason was why... Read more »

Aimee Hess
Aimee Hess answered on Feb 27, 2021

The solar panel company may have violated the Texas Deceptive Trade Practices/Consumer Protection Act because of their representations to you. You may want to contact an attorney near you to review your claim in detail and contact the company on your behalf to negotiate an adjustment to the... Read more »

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