If I own property next to gas wells that are extracting gas from under my property, am I entitled to royalties? 7 Answers as of October 22, 2013

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Gerald R. Black, Esq.
Gerald R. Black, Esq. | Gerald R. Black
The threshold question that needs to be resolved is? Who owns the rights to the gas underneath your property? You should inspect your deed and see what it says. There may be some urgency here, inasmuch as it appears that this extraction has already begun. Ultimately, you will need the advice of legal counsel to have the matter resolved.
Answer Applies to: Michigan
Replied: 10/22/2013
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
Sorry this is property law not intellectual property law.
Answer Applies to: Oregon
Replied: 10/22/2013
Mohr Intellectual Property Law
Mohr Intellectual Property Law | Joseph Mohr
You should speak with a mineral rights attorney. This question does not involve intellectual property rights. Description: Logo with slogan.
Answer Applies to: Oregon
Replied: 10/22/2013
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
Maybe, but not necessarily. You own the gas under your property and should be paid a royalty for it. However, there is a loophole. If there is a well next to your property, but not on your property, when it extracts gas from the property on which it sits, gas from your property will move over to fill in gaps from the extraction. Since the gas is removed from an adjacent property and not your property, you do not get a royalty on it (even though you would if the well sat on your property). Despite this loophole, there may be a way to force the owner of the well on adjacent property to pay at least some royalties to you. You should retain legal counsel to handle this for you. This is a difficult issue because what matters is not where the gas or oil has been sitting, but where it is removed. Contentious litigation over this issue has been waged for years, and most parties to these situations prefer to settle.
Answer Applies to: New York
Replied: 10/22/2013
Sebby Law Office
Sebby Law Office | Jayne Sebby
If you own the gas/mineral rights to your property, you can control who accesses them and what royalties they have to pay. However, if there is an enormous pool of gas beneath several properties, counties, or states, you can control who drills on your land but you may not have much claim to to the gas itself and consequently, to the royalties. Check with an attorney who is experienced in this type of law.
Answer Applies to: Nebraska
Replied: 10/22/2013
    Banner & Witcoff, Ltd. | Ernie Linek
    Typically no. The landowner on whose property the actual wells are on is the only party to be paid a royalty. However you might be able to enter into a contract with either the same or another company to drill on your property and collect a royalty from them.
    Answer Applies to: Massachusetts
    Replied: 10/22/2013
    Law Office of Kirk Buhler
    Law Office of Kirk Buhler | Kirk A Buhler
    It would depend upon your property right in the deed or mineral right or surface rights. Most modern sale of property only gives you right to 20 or 100 feet of depth. Depending upon your rights and the depth of the extraction will determine if you are entitled to any royalties. The term ?mineral rights? normally refers to subsurface rights to any mineral, and commonly refers to natural gas and oil. However, it includes all minerals found beneath the land?s surface, such as gold, diamonds, quartz and copper. The California Farmland Conservancy Program notes that in some instances, surface rights are included in the mineral rights transfer. In these cases, the mineral rights owner can lease the right to extract surface minerals such as clay, lignite, coal or gravel. You should be able to determine your right by reviewing your property deed.
    Answer Applies to: California
    Replied: 10/22/2013
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