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Hello, my name is Daniel Smith. I have a lease with a company for a gas well on my land and know the production records are not right. The companies records on the gas used by my household are not right either. Statement's are almost non-existent, no info and readings on them. I would like to find a firm to do an independent audit. They would have to understand how to read the Barton meter records. My attorney has done all she can, and another lawyer recommended this site to find an auditor. I believe my lease has been broke and need to know if it is worth pursuing. Thank you, Daniel Smith.
Mr. Smith, this pains me to say but most lawyers won't be able to help you if you can't pay them up front. The foregoing brings me to point No.2, is the dollar value (your part) in the tens of thousands of dollars? If it isn't, there may not be much you can do in a practical sense.
If you didn't secure the right to audit the operator in the lease and the state law doesn't give you such a right, you may have to sue just to be allowed to audit the operator. I guarantee that the operators counsel will be playing the time honored game of "hide the ball" and you will face an uphill battle the entire way. Even if you had the right to audit in your lease, what do you do if they say no? Back to court it will be.
I wish I had some positive information I could give you but not having all the facts I am limited to trying to warn you of pitfalls. I also felt you deserved an answer, even one as poor as this one.
Thank you Mr. Kennedy, this is what I am looking for, what options I have. I have a figure in mind of $15,000.00 and is it worth it or should I just sell my property and move on. I am being lied to and the man is doing dishonest things 50 feet off my back door. I signed a lease agreement for a business deal between two people, the company is not honoring there end of the lease. Thank you again for your input.
Mr. Smith,I think you are too close to the "maybe" break even point, that's if you win.
Alternatively, you might gather all the information you can and sue them in small claims court. I hear they hate small claims court. If you gather enough evidence, you might have a positive result from small claims court. Not everything, but something.
Good morning Mr. Kennedy, I have been documenting evidence since the brine tank overflowed in my yard, and learning more about gas wells. I have pictures of the Barton charts not being changed, and witnesses. When I contacted DEC about the spill they did not mention the chart in there report? I also have two conflicting letters from the well company for how he is calculating well production. The well company has also sent bills for usage over the 200,000 cu ft of witch none is being used and there are bills from national fuel where gas is being purchased for home use. What warrants the Attorney Generals involvement? And could the court order an audit? I have contacted my regular attorney, I sent back my Royalty check last year saying it is not right and asked for readings on how the company came up with production report, that is when I received the two incriminating letters. In his Lease it is stated that royalties are to be paid monthly and has 4 months to rectify the matter after the certified letter or the lease is null and void.
I have not read the lease so I can't comment on that. Generally I believe that the AG would stay out of it as it is a contract [ lease] matter which should be settled in the courts through a lawsuit.