I would like to buy property in wv. but the property I like has a signed gas lease on it. Is there any possible way to break the lease if it's one of those continuing leases (as long as the gas co. pays their delay rental) I know what will happen when the gas co.s start in this area and I don't want any part of it since I'm already running from Pa. when they made a mess out of my home.
You're going to have to pay a lawyer to get an opinion on this. Is there any flaw, any reason that you think it could be broken?
Out of curiosity, what o&g company made the mess and where is/was your home in Pennsylvania? Not all companies are the same, so results may vary.
West Virginia attorney here. It's awfully hard to break a lease if the company is keeping up its end of the bargain. There can be an argument made if the well isn't producing in paying quantities, but even that might depend on the language of that particular lease. I can take a quick look at the lease if you'd like, and chat with you about it. Don't put your phone number or email address here. Send me a private message.
Hi Gerry,
I can't give details just yet for my property in Pa. because I'm presently in federal court with this gas co. and they already threatened me and my lawywer. If I win I would love to expose them for their unethical practices!
Thats why I'm looking to move to wv. I thought mercer county was out of the marcellus formation. I found property I like but saddened to see that there is already a very poorly written lease signed 9 years ago by an elderly people that had no clue. It was a 10 year lease but it could be forever the way it was written. They may never start a gas well in that area but I can't chance it. I wish there would be a way to at least change the lease to a non surface lease.
Gerry Bell said:
You're going to have to pay a lawyer to get an opinion on this. Is there any flaw, any reason that you think it could be broken?
Out of curiosity, what o&g company made the mess and where is/was your home in Pennsylvania? Not all companies are the same, so results may vary.
You could probably buy your way out of it, or at least change it to non-surface, but you likely already knew that. Also probably cost more than it would be worth.
Maybe keep looking, or look in another area. I'd imagine you should be thinking about coal ownership as well.
Thanks Gerry,
I'll try to change it to a non-surface since what I've learned from them is that once they have your signature it's over, they'll never leave it go. They should have a law that if the prop. is sold, there should be a new lease drawn up. These gas companies get away with way too much! Here in Pa. all you hear are horror stories and most people said it wasn't worth it to have their precious farms torn apart, well water and ponds contaminated. The gas companies make sure it all gets hidden. Pa.s government does nothing about it. Unless you want the gas money and plan to move it's o.k. otherwise it's not worth all the money in the world to sign.
Your right about the coal I also need to think about that! Lori
So what will you offer them to change it? A dollar/acre figure? Add on additional years?
As far as your suggestion about a lease ending when a property changes hands, that won't work. Why would a company give a landowner a large signing bonus only to have the possibility of losing the lease within days?
The people I've talked to in PA are glad to have the money in return for a few months of inconvenience. They're also glad to have neighbors and children able to find jobs without leaving the area. Maybe I'm in a lucky area -- complaints about water or farms being torn up are few.
Hi Gerry,
I know I'm in an area that is gettig hit hard. Almost all of the people here want them run out.
These people can't even sell their houses. Who wants a house with a compressor station a long side of it? or my almost finished dream home that overlooks a meadow and pond (the reason it was built there) Will now overlook a well pad soon. My lawyer told me the 3-5 acre well pads will stay for many many years to come because the gas cos. come back eventually to do more drilling etc.
Most of the gas workers I see are from Texas and not locals. From what I've seen in WV. there is nothing like what's going on here. Maybe they didn't get to WV. yet. like they have here.
So what will you offer them to change it? A dollar/acre figure? Add on additional years?
As far as your suggestion about a lease ending when a property changes hands, that won't work. Why would a company give a landowner a large signing bonus only to have the possibility of losing the lease within days?
The people I've talked to in PA are glad to have the money in return for a few months of inconvenience. They're also glad to have neighbors and children able to find jobs without leaving the area. Maybe I'm in a lucky area -- complaints about water or farms being torn up are few.