Get free answers to your Energy, Oil and Gas legal questions from lawyers in your area.
Your current state is Ohio
In February of this year I bought a house, and the sellers had a line in the contract that said "$200 owed for propane gas on premises." They told me that they were selling me this propane for this price when I bought the house. However, after I went through with the contract, they did a... View More 
answered on Aug 24, 2017
Yes, the facts as you describe sound viable for a small claims action.
Good luck.
What does this mean cost write
answered on Aug 23, 2017
Are you sure that he didn't say probate?
You are probably headed to probate. The good news is that if any of the following apply, you may be eligible for a fairly inexpensive summary probate that can be wrapped up on about 90 days:
-the total value of his assets in Oklahoma is... View More
I have a brother who has passed and need to have his percentage of mineral rights transfer to the rest of the family
answered on Aug 23, 2017
That is a tough answer. You are probably headed to probate. The good news is that if any of the following apply, you may be eligible for a summary probate that can be wrapped up on about 90 days:
-the total value of his assets in Oklahoma is $200,000 or less;or
-he died more than... View More
Plaintiff filed a MSJ against co-defendant to quiet a title with respect to a disputed oil and gas royalty in Plaintiffs name, but it should be quieted in my name as well as I am owner of 1/3 mineral rights (plaintiff has the other 2/3). Can I file an opposition to the MSJ even though it wasnt... View More
answered on Aug 21, 2017
Use the Find a Lawyer tab to consult an Ohio attorney who does real estate litigation involving mineral rights to review the situation and advise what to do. If a motion has been filed, there are time limits involved in responding. If you are not a party to the lawsuit, then you need to file. So... View More
The Maryland Public Service Commission recently approved electric rate increases to subsidize two offshore wind projects. In so doing it appears to have violated the Maryland Offshore Wind Act of 2013, which requires that a project must pass a cost-benefit test before the PSC can approve it. The... View More
answered on Jul 14, 2017
1. Timing: You have 30 days to petition for judicial review pursuant to MD Rules R. 7-203.
2. Standing: Under MD Pub Util Code § 3-202, "a party or person in interest" can appeal. Federal law for FCC appeals construes similar language to require that the appellant/petitioner be a... View More
I own a house that my son lives in. On June 13th a branch took out the power lines. My neighbors n I called and a couple hours later it was back on. My son never told me they left the line in the yard. Went down today with my boyfriend and saw the line. Instead of removing the branch and lifting... View More
answered on Jul 7, 2017
If fortunately nothing happened, and they have put it right no. You can only make a claim for what happened, not what could have happened.
Both federal laws and state laws?
answered on Jun 11, 2017
The information on these pages should be useful:
https://www.epa.gov/radiation/tenorm-oil-and-gas-production-wastes
http://www.tenorm.com/regs.htm
We owned a home and it was rented. When the tenants left they forgot to turn the water bill off and they got an extremely high water bill and they want us to pay for it. We didn't vacate the property after they left, no one was living there. When we sold it we paid a company to do a pressure... View More
answered on May 31, 2017
The water department wherever you live is sending the bill to whoever applied for the service. If that was you as homeowner, you owe the bill. However, if you had the tenant take over the water service and the account is in their name, they owe the bill. If you just rented the house to them and did... View More
Will is it possible to get a copy of it somewhere. The person has put it into probate and will not talk to us.
answered on May 24, 2017
If the will is in probate, it is a public document. You can go to the Court and pay some money to get a copy of it. If you have the name of the personal representative or the decedent then the Court should be able to locate it for you.
If you are an heir or a natural heir... View More
Good Afternoon My father has been deceased for almost 34 yrs. While visiting family, my uncle questioned me about receiving my fathers royalties. I informed him I was unaware of what he was talking about. He began informing me that our family purchased a lot of land and we leased part of the land... View More
answered on Apr 26, 2017
I would suggest you speak with an attorney as soon as possible. Time delays may apply to limit how far back you can go to collect your father's portion of the royalties. In other words, the longer you wait, the less you may be able to receive in past royalties. As far as cost, attorneys can... View More
New Mexico and Arizona Land Company v. Elkins, 137 F. Supp. 767 (D.N.M. 1956) - not sure if this says they can destroy the surface in the mining effort but it seems that's what this decision is saying. Why do they get to operate at will on the surface to take minerals/oil? Doesn't that... View More
answered on Apr 19, 2017
In areas where mineral exploitation is common, the mineral owner might choose to exercise his rights to access and mine the minerals owned. The landowner is protected by state and local laws regulating the period of drilling or the depth of excavation. To evaluate a potential investment, consult a... View More
We are opposed to any kind of mining - are we able to stop the others given that she co-owns the property?
answered on Apr 5, 2017
It depends on what title you have to the mineral rights. Based on what you've written, you are probably co-tenants of an undivided interest in oil, gas, and other minerals. Assuming this, then no, you cannot stop the siblings from leasing, selling, or using their part of the interest. Each... View More
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answered on Mar 1, 2017
There's no straightforward answer without more of the story. For instance, a recent Tennessee case involved a dispute as to whether sandstone qualified as a mineral. Also, in order to qualify you would likely need to have provided some sort of services in connection with the mineral in order... View More
The property i rent at is serviced by a community well, the owner yas not paid the bill in over a year. I moved here 3 months ago. One day late december '16, a man claiming to be president of the water company came to my door and said he would be installing a shut off device the next morning... View More
answered on Feb 13, 2017
See: http://www.dca.ca.gov/publications/landlordbook/repairs.shtml
You may be able to sue the landlord for violation of the implied warranty of habitability.
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... View More
I was told after he passed that this was now Mom's money and she can do whatever she wants. Soon after, she closed the IRA accounts (had me sign and designate to me and the had me depoit them into her Trust fund account) I have received zero from this and/or anything else from the trust but I... View More
answered on Feb 12, 2017
Why would you be denied entry to a public court? Have you filed anything in Probate Court about this? Is there a trust administrator that you've contacted? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More
answered on Feb 10, 2017
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... View More
My sisters, my brother, and myself were given a part of an oil royalty owned by our mother. My brother died in April of this year with no will. He was married and had adopted his wife's son. They did not have a good relationship, and her son has been estranged from them for several years until... View More
answered on Feb 3, 2017
You need to consult a lawyer on this. It seems to be a very complex situation. Having said that, it appears that the estate needs to be probated, even though there is not a will. This is called "intestate succession". The laws of Texas will govern how the property is to be... View More
I'm a royalty interest owner in an oil & gas well in Oklahoma. In 2011, the operator sued the working interest owners and all proceeds from purchasers were put in suspense. (It was set-up for the operator to receive all proceeds & to distribute to everyone). The well has been... View More
answered on Feb 3, 2017
You can sue anyone for anything. Winning is another matter. There are not enough facts to fully and faithfully answer your question. However, it does sound like you are entitled to the unpaid royalties, probably with interest. I would start with the current operator and ask them what is going... View More
answered on Feb 3, 2017
The buyer will want you to do it that way, but I always counsel my clients to not turn over the deed until payment is made. Usually I do this simultaneously. I've not had a problem in asking for and getting this concession, because otherwise it is too risky and not fair to the seller.... View More
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