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1 Answer | Asked in Land Use & Zoning, Real Estate Law, Civil Litigation and Energy, Oil and Gas for Florida on
Q: Do I have any recourse against a neighbor who installed solar panels on their roof which now causes glares into my house

At certain times of day I get a blinding glare from the sun’s reflection off their solar panels resulting in loss of use of my kitchen, breakfast nook, living room and patio. HOA says the laws are on their side and the homeowner will not do anything as their installer claims this would reduce... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 28, 2022

Draw the blinds? You have no options against the installer. It's remotely possible you have a claim against the homeowner. You'd have to retain an attorney to research the law to determine if you have a case.

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: IF MINORS LAND IS SOLD ARE THE MINORS MINERAL RIGHTS NOT INCUDED IN THE SALE
Aimee Hess
PREMIUM
Aimee Hess
answered on Nov 27, 2022

It depends on the language of the deed. In Texas, in most cases if the minerals are not withheld via a reservation in the deed, then they go to the grantee/buyer.

2 Answers | Asked in Energy, Oil and Gas and Probate for Oklahoma on
Q: I live in florida and my deceased mother used to receive royalty checks for property that family owned? Oil companies

Are trying to buy my rights for the property in Oklahoma. I don't know how much it's worth and I don't know how to find out. What kind of lawyer should I talk to and should I find one here or in Oklahoma? Thank you

Richard Winblad
PREMIUM
Richard Winblad
answered on Nov 21, 2022

Be cautious when dealing with companies who want to purchase the minerals. Often purchasers know much more about your minerals than you do. For example, they may be aware increased development in the near future. Also, they will typically want you to warrant title which means that you may have... View More

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1 Answer | Asked in Energy, Oil and Gas, Municipal Law and Real Estate Law for Texas on
Q: How can I find out about noise ordinance in my city?

An oil company is pumping water out of a strip pit that is really close to my house and their pump runs continuously disturbing my sleep all hours of the night.

Aimee Hess
PREMIUM
Aimee Hess
answered on Nov 8, 2022

Depending on where you live, your subdivision, city or county may have a noise ordinance and you can ask that they send someone out to measure the decibels produced by the pump and see if it violates the ordinance. If that does not work, you could ask the oil company if they are using a muffler on... View More

Q: How would someone get basic information (i.e. claimant name and payout amount) from the BP Oil Spill settlements?

Know that 2019 US Courts ruled that the information can now be viewed by the public.

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2022

The US EPA has a link - "Case and Settlement Information" on their site - https://www.epa.gov/enforcement/deepwater-horizon-bp-gulf-mexico-oil-spill

They provide information on earlier settlements. You could check if they have updates or if they could direct you to resources with...
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2 Answers | Asked in Family Law, Personal Injury, Real Estate Law and Energy, Oil and Gas for Texas on
Q: Person in possession of heirship affidavit on my ancestor has been impersonating self as my deceased ancestor since 198-

She and her descendants filed false documents to access in a county court to collect royalty payments on the gas and oil leases which she forged. Need to file for the court to review all related documentation and restore my rights. Want to represent self in court as I can tell my story and... View More

Aimee Hess
PREMIUM
Aimee Hess
answered on Oct 5, 2022

It's hard to get an attorney to agree to a partial representation. That's like asking a surgeon to help you while you do your own gall bladder surgery. It's not a good idea to represent yourself in something like this. You will be held to the same standard as an attorney as far as... View More

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1 Answer | Asked in Civil Litigation, Energy, Oil and Gas and Environmental for New York on
Q: how to get would settlement copies of documents from bp oil spill payout to specific claimant?
David H. Relkin
David H. Relkin
answered on Oct 4, 2022

If you are asking about the Deepwater Horizon, please let me know and I can answer the question.

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for New Mexico on
Q: Sold a small piece of land in New Mexico which included mineral rights. Are oil and gas considered minerals?

Who is responsible for notifying Producer of royalties of ownership change? Is a separate deed required?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2022

Oil and Gas are definitely Minerals anywhere. As the Seller you might notify the State so you are not taxed or regulated in the future.

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Had a lawyer working on a wrongful termination case for a large oil company I was employed with.

That lawyer was contacted by other lawyers and a class action suit was proposed. My case was then sent to a larger firm and my lawyer has since claimed inability to discuss the case. I don not know where the case was sent and haven't been contacted since March 2021. Is there any way to find... View More

Aimee Hess
PREMIUM
Aimee Hess
answered on Sep 23, 2022

You can call the clerk of the Court in which this case is pending.

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: The reservation is a 1/16 in deed but it’s but the land was under mineral lease when it was sold

The reservation is a 1/16 in deed but it’s because the land was under mineral lease when it was sold lessee held 15/16 interest in minerals. I can prove by one property owned at time and we still own had 1/16 conveyance from estates children to their mother because father died intestate and... View More

Aimee Hess
PREMIUM
Aimee Hess
answered on Sep 8, 2022

You can try sending copies of everything you have to the oil company by certified mail with a letter asking them to correct the situation. However, don't be surprised if what you send them is not enough to change their mind.

This is probably not a do-it-yourself project. First, it is...
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1 Answer | Asked in Civil Litigation, Real Estate Law and Energy, Oil and Gas for Texas on
Q: How hard is it to prove you are the rightful owner of mineral estate when someone else has been receiving lease bonuses

The reservation is a 1/16 in deed but it’s because the land was under mineral lease when it was sold lessee held 15/16 interest in minerals. I can prove by one property owned at time and we still own had 1/16 conveyance from estates children to their mother because father died intestate and... View More

Aimee Hess
PREMIUM
Aimee Hess
answered on Sep 7, 2022

Whether the process is simple or more challenging depends on the state of your mineral title. If you have a deed for these minerals it may be a matter of sending a copy of the deed to the oil company with a certified letter and requesting that they correct the error. Keep in mind that the landman... View More

1 Answer | Asked in Contracts and Energy, Oil and Gas for Texas on
Q: My mom has solar panels for abt 8 mon and she was told the panels were to produce what show in the light bill

What can we do, is there a way to cancel or terminate. They are paying double now in light bills. Solar panels aren't producing what she was told it was going to produce. Now the company wants her to add more panels and pay more when my mom was told something completely different. She also... View More

Aimee Hess
PREMIUM
Aimee Hess
answered on Sep 2, 2022

This is becoming a common problem with residential solar systems. Many states will allow a consumer to terminate a transaction if fraud was involved.However, no one can give you specific advice on your mother's rights unless they get a detailed fact statement from her and review the contract... View More

1 Answer | Asked in Contracts and Energy, Oil and Gas for Puerto Rico on
Q: If I sign a lease agreement in Puerto Rico for reusable energy for 25 years and I die does the lease agreement stops?

I want to know if my family are obligated to continue paying my lease agreement if I die in Puerto Rico. Property is not involved. Energy service.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 15, 2022

As a general rule, when a person dies, his/her estate is made up of that person's assets and outstanding obligations (liabilities). As contracts go, usually, the death of one of the subscribing parties terminates the contract. Nevertheless, the lease contract should be revised to determine... View More

1 Answer | Asked in Agricultural Law, Energy, Oil and Gas and Land Use & Zoning for Texas on
Q: We own 83 acres of timber but not mineral rights. We have several homes (children) on our property and a cluster well.

We do not own mineral rights. Just received call from driller advising they will be drilling oil on our land. How do i protect our homes timber and water source?

Aimee Hess
PREMIUM
Aimee Hess
answered on Jul 13, 2022

In Texas, the mineral estate is the dominant estate. That means that the mineral owner and the oil company have the right to make all reasonable uses of the surface for exploration, drilling and production of oil and gas.

The Texas Railroad Commission, the state agency which regulates oil...
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1 Answer | Asked in Consumer Law, Contracts and Energy, Oil and Gas for Missouri on
Q: Who would I need to contact to resolve this issue?

We had bought our solar system from Green Solar Technologies out of California. They had subtracted our system out to 4 different installers from 2019 until today. They have failed to pay the contractors enough to complete the job and my system is still not set up correctly to this date. I want to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 11, 2022

The first step is to contact a Missouri attorney to review the contract. The contract may have a forum-selection clause (which specifies where any lawsuit must be file) or an arbitration provision (which would prohibit suing in court). The attorney would also explain to you the potential remedies.... View More

1 Answer | Asked in Energy, Oil and Gas and Consumer Law for Indiana on
Q: Can I sue a gas station for refusing to give me a receipt for gas purchase and being racist to me.

I went to purchase gas at a gas station and the machine was out of receipts, I went inside to ask for one. The worker was very racist and rude in her talk and refused to give me a receipt. I asked why she said I don’t know how but she mentioned that she has been working at the place for 20 years.... View More

Charles Candiano
Charles Candiano
answered on Jun 20, 2022

Workers' Compensation is an area of law that deals with work-related injuries.

It is illegal for a retail merchant to refuse to provide you with a receipt. The situation that you describe happens EVERY day. A remote printer either runs out of paper, misfeeds, jams, or runs out of...
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1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Below is not true.....Those were wells that were supposed to be paying me....The city came in after we signed ....and

.............took over,,,,,Trucks run 24 7......Somebody getting paid & it aint us....

There are wells on city land because the mineral owner for that property, i.e., the city, has signed an oil and gas lease that allows those wells. The royalties will go the the mineral owner, i.e.,... View More

Aimee Hess
PREMIUM
Aimee Hess
answered on Jun 10, 2022

If you are the mineral owner and the well is producing and the royalties are over the oil company's minimum for checks, you may be entitled to royalties. It's not possible to know what your rights and remedies are without a thorough analysis of your situation. Contact an oil and gas... View More

1 Answer | Asked in Estate Planning, Family Law, Energy, Oil and Gas and Probate for Alabama on
Q: My mother passed away in 2016. My father was the executor of her estate. She inherited oil leases in a few states from

her parents. My father didn't transfer them over to his name. He passed in 2019. I am the executor to his estate. Problem is, she passed in Alabama and I am a resident of Virginia. We had to get a 3rd party resident of AL to handle the transfers of the oil leases to a LLC for my sister and... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 10, 2022

I assume that there's an attorney involved with your mother's estate? if so, speak to that attorney. if you have issues with him, then consult with another probate attorney and seek what is recommended.

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: I signed a Mineral Lease in Tarrant County Texas. How come I never got paid ?

Why are the Natural Gas Wells on city land ? Who is getting those cheeks ?...

Aimee Hess
PREMIUM
Aimee Hess
answered on Jun 10, 2022

There are wells on city land because the mineral owner for that property, i.e., the city, has signed an oil and gas lease that allows those wells. The royalties will go the the mineral owner, i.e., the city.

1 Answer | Asked in Contracts and Energy, Oil and Gas for New Jersey on
Q: Can we sue our solar panel installer for a system that is not working?

We bought solar panels about 2 years ago. Everything has been working fine. We realized about 3 months ago that the system was not working. When we called the solar company (the installer), they said they were aware of it (they never told us), and were waiting for a part for the inverter. They also... View More

Morris Leo Greb
Morris Leo Greb
answered on May 21, 2022

Whether you can sue or must go the arbitration depends on the Agreement you signed. The agreement may include a mandatory arbitration provision and waiver of trial. So a careful reading of your agreement is required. In any event you may proceed to file a claim in any forum that is consistent with... View More

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