I have a provision in my lease that I must approve in writing any turnover of my lease from Talisman. Talsiman "traded" all the leases in my area to Chesapeake. Chesapeake has a very bad reputation here in PA and I don't want to deal with them in the future. Talisman keeps contacting me to have my "consent" to assign, which I do NOT want to do. A unit has just been registered of which I am included, so Talisman is getting more persistent. Those that have consented have been pressured into signing Chesapeake's paperwork and even though the origional lease calls for no deductions they are taking them and saying take us to court.
What happens if I refuse to consent. I believe Chesapeake would have to pay Talsiman the royalty then Talisman would then have to pay me. They have threatened to exclde me from the unit ( which they do to everbody around here) but I am really close to the pad site and they couldn't go around me.
By "they couldn't go around me" do you mean that you've looked at the well bore path on the permit applications? If the bore doesn't physically pass directly below your property, then they could go around you. There is no setback requirement in PA for Marcellus wells.
If the permits are issued, you can get the plats from the DCNR - search "DCNR well on property", follow directions and they respond very quickly. If the permits are not issued, then you'll have to use your own judgement.
There is also the possibility that the well bore could pass directly below your property but that they keep your acreage as a "no-perforation" zone which would leave your minerals as a donut hole within the unit. Whether this would be a potential issue could depend greatly upon the size of your acreage, and positioning thereof, within the potential unit. Just one scenario to be mindful and careful about while protecting your mineral interests.
The fact that you have that approval clause in your Talisman lease, may buy you some negotiating power with CHK to get some additional protections/improvements built in to the lease with CHK prior to signing that deal.