America’s conversation place for mineral owners
Sunday, January 29, 2017 I find in my mailbox and unexpected contract from ARC that was not in my mailbox at 6:15 pm Jan. 28, 2017.
Opening said package I find a lease contract from ARC in regards to land "I own" in Ritchie County, WV. News to me. As if I am not having enough problems with ARC over the handful of dirt I "inherited" in Doddridge County!
Looking over this contract lets me remember what I have been through with the Doddridge contract. First off, this new contract covers 42 acres, "...lands being situated on the waters (???Land situated on water???) of Brush Run NFHR in the District of Clay, County of Ritchie, State of West Virginia." Parcel numbers are 3-9-6 and 3-9-7.
The contract seems to claim that I had acquired (the land) by Will dated September 22, 1967. That date has no meaning to me. Further into the same paragraph it FALSELY STATES "It being the purpose and intent of Lessor to lease...." How could I I decided to lease property I did not know I own???
Whomever wrote this contract, it is clear they DID NOT have my interests in mind (yes, I am acting "dumb" as I know it was written for a party I will refer to as "ARC".)
On down it is indicated that I am "willing" to share production cost (involving bringing the gas to the surface, transporting, storage of said gas). Maybe they sent the contract to the wrong person??? I want no relationship with ARC and they and their lawyers know it!
No where in this contract do I see a reference to Third Party Liability, and that, if no other reason, makes the contract UNACCEPTABLE! There are several other areas not mentioned in this contract that I have been fighting in the Doddridge contract(s).
Like I stated above, I find WV gas contracts a source of humor. Maybe "they" do not think it is funny, but as I have stated on this website before, I care less about the gas that "may" be under this land. It has been there for some time and is causing no harm. I have no intentions of bringing the gas to the surface and selling it. And now for the "stinger", if someone wants to bring the gas up and sell it the only contract I will agree to is, "AS IS, WHERE IT IS!"
I will put it out here in the open, ARC has a bad safety record in Doddridge County, WV for the last six years, why would I want to become involved with the in Ritchie County (I have not checked their safety record in that county yet). And then there are also the problems the corporation has caused my extended family living in the western US states, such as Colorado.
I see ARC as an undesired tenant, I have no idea if I am the sole owner of this "inherited" property, how much of the stated 42 acres is in my name, who requested that ARC be involved, etc., etc., etc. Some people reading this probably see nothing but $$$ being offered, I see Legal and Financial obligations I am neither prepared or willing to tackle.
So, does anyone reading this know any background in regards to what is currently happening in regards to these two parcels? Does anyone know what has happened in regards to these parcels before "now"?
I would really like to be brought up to speed. RCR 2/6/2017
As always, you are a wonderful source of information, I think you must have been a government agent at some point in life, you have ways of gathering insight.
On behalf of many on this site, thank you for always being willing to share your abilities, I know that type of research is not easy to come up with, that it costs money and takes great amounts of time to secure.
If some are not willing to thank you, I shall on behalf of them.
Nancy, I also want to thank you for the many times that you have helped me. Your time and effort toward helping all who ask is unbelievable, believe me it is greatly appreciated. You and I have been on this forum what seems like forever, and we try to answer all who want our help, but sometimes we hit a brick wall, this seems to be one of them, Good Luck to Roger, I hope that he finds peace and answers FROM SOMEONE, it's really up to him.
Thanks Arnold. I think Roger is on the right path, trying to find out. This is a complicated situation, and he seems to have been hit hard by Antero. Made more difficult by lack of a computer at home, as he says.
We can keep helping him as best we can. He'll find a way forward.
Thanks WV Mineral Owner. I have learned a lot from this group and like to share what I know and have learned, when I can.
I have the latest paperwork/contract with me for a change (I have to take a bus to a library to use a computer and most of the time I have to go elsewhere after posting so I seldom have all the paperwork with me.)
This was the first contact I had in regards to my "owning" property in Ritchie County, WV:
"Our client, Antero Resources Corporation ("Antero") has informed us that you APPEAR ( I capitalized this, lower case on the paper) to own a fractional mineral interest in 42 acres in Ritchie County, West Virginia, Antero has been trying to obtain a lease from you to accommodate development of oil and gas underlying this tract,"
QUESTION: If they had in fact been trying to obtain a lease on this property why is it that this was the FIRST contact they made? A party actually has to try before they cane claim what is stated here. And NO, this is a legal matter and every word means something. Thinking, "Oh well, whatever!" ends up costing YOU money after when the case goes to trial.
The next paragraph illustrates what I mean:
"It is my understanding that you have not yet executed the lease. If you maintain this position and refuse to participate in the development of this tract, Antero will have no choice but to file suit against you and ask the Court to partition the fractional interest you own (etc.)"
So what is wrong with this statement? This was written in the cover letter of the FIRST CONTACT the corporation made. Paragraph #1 is the first I heard of my name being on a handful of dirt in WV, paragraph #2 starts ARC's claim to the court that they "tried to settle the dispute" by telling me to roll over and hand them the mineral rights or be punished.
Yes, lawyers write letters like that in order to create income through law suits, BUT, if a little thought had gone into this letter the problem could have come to an end with a simple phone call. As indicated in a post I just read here this morning, it would have been nice if the lawyer had taken the time to inform me the name of the "relative" that willed this hunk of land to me.
If the lawyer was telling the truth the statement of ARC trying to contact me wouldn't be in the cover letter.
At the end of the last paragraph in the cover letter: "If you do not execute and return these documents, I urge you to engage in negotiations with Antero so that you can seek the maximum benefit from the oil and gas lease AND AVOID LITIGATION (again, I capitalized this, it was in lower case in the original letter)."
It further tells me to contact a certain party, I will not list it here, by February 66, 2017. "If he does not hear from you by February 6, 2017, Antero will have no choice but to file suit to protect its interests".
If you can not read this and NOT think I was given no choice to sign or else, it it YOU who needs a lawyer to protect YOUR interests in life.
I received this letter on 1/28/2017, it was dated 1/26/2017. But you ask why I received this on a Sunday? Thanks to the mail from Antero and my local county government I have discovered letters which require my signing for in my mailbox with the paper work still attached and this letter was delivered sometime between 8 pm on the 27th and 9 am Sunday morning. I reported this to USPS and the party responsible was fired.
Agree that their timing is really terrible. I think they try to do too much with too few people which is not the best way to do business.
I am unable to obtain legal help from lawyers here in Central Ohio. They as a group refuse to become involved with WV gas/oil contracts as they find WV's laws "foreign" (and they question the legality of some WV laws). But a few have advised me to take legal actions against those who signed the contract during the nine months that Antero started to pay for contract signing and the first notice I was sent by Antero in regards to the Doddridge property.
It appears that those people who made the decision for ALL of the parties that "inherited" parts of the property by thinking only of their selves, or, only of the "MONEY!!!"
Being taken to court by Antero will only add to financial problems I am having in Ohio through which I am slated to loose the only house I have ever lived in because of lack of employment (my work actually went to Chia) and health problems.
When that court action is finalized I will have lost everything.
To those who have been following my posts, MONEY IS NOT "EVERYTHING". Having relatives who sign anything that suggests they will become rich without thinking of the problems it will cause the others in the family amounts to outright punishment. There is a saying that the "Welch" need to think things through before taking action. That doesn't apply to this family whose roots are in Cymru, a.k.a.("Wales"). RCR 2/27/2017
Roger, I researched your posts about this Antero situation, and it looks like they go back to December, 2016. It appears to me that with so many people offering their help ... FREE ... that you could have used all this time and manpower, in some way, help you settle this issue.
Also, I think it sounds odd that the group of Central Ohio lawyers would make those comments about WV laws. Did any Ohio lawyers that you spoke to, offer to take on your case?
And yet, you don't want to sell your mineral interests because it might "slight" those who "thought only of themselves? And you're losing your house?
You appear to be a man with many problems.
Guess you did not see my post(s) that it is not the people who are offering me "help" but the people who did bother me to inform me I was a part owner of the property they decided to lease to Antero. I recently stated on this board I am facing foreclosure on my home here in Ohio because of health and lack of work problems. I have no money to hire a lawyer!
Here in plain simple English I will state once again: CENTRAL OHIO LAWYER WILL NOT TAKE ON LAW SUITS INVOLVING WV OIL/GAS MINERAL RIGHTS. They "politely" state that they find WV laws on those subjects to be "foreign" to use a polite term. In reality they question the legality of those laws but are not licensed in the state of WV to help anyone who become victims of those laws and parties such as ARC.
They are now telling me that once the courts in WV rule against me that I have the grounds of taking out a law suit against everyone who did sign the contracts. The grounds would be that I did not know of my property ownership because my realities didn't bother to tell me and as a result I did not have the funds to protect me against loosing my home.
What I would "gain" by selling my mineral rights would not cover my debts that are leading to my loosing my home. The risk of being forced to take on liability that comes with signing the ARC contracts is simply too much of a risk to take on.
IT IS THE LACK OF $$$ that has put my currents position. My work physically went to China because Americans buy their junk and not that produced by people living in the U.S. and now suffering from the lack of income. It is my health problem that the VA has dragged on for years without helping and the lack of $$$ to go to a private doctor that is not helping me.
People who have EVERYTHING to lose are the people who stand up and fight back! Why do I try to protect the others? Maybe, MAYBE they will learn what their selfless acts are doing to other people.
By the way, I learn via the evening news that the supply of natural gas in the US is well beyond what is needed in the fore seeable future. The next day I received in a the mail that it is predicted that my natural gas rates will increase 48% in the next year.
What did that man say, "It is greed, folks, pure greed". (At least the current US president gives useful quotes...)
Other then the need to clean up a few details, such as where I need to file, I decided to join the game and sue the other co-owners for acting "in my interest without my knowledge or permission".
When a person states they and only they will receive 15% royalty without giving a thought towards the fact that if that was true what will the other 200 + co owners receive, that is an indicator that that party signed a contract WITHOUT understanding the terms and condition of said contracts.
But in what state do I file the lawsuits???
RCR 2/27/2017 (Just realized I have not paid my gas bill for this month....)