My family has some mineral rights in Marion County, WV but no surface rights. This is approximately 105 NMA. We have an offer to lease the minerals but the lease has terms that require us to agree to the lessee’s use of the surface (e.g. roads, well pads, water detention, etc) Is it normal that an energy company would use that language in a lease or do they think we own the surface too?
@MarionLessor -All lease agreements have surface language. It doesn’t mean you own surface rights unless you have a deed filed of record showing you own the property; additionally, you would be subject to property taxes for the surface rights every year by Marion County. The lease you received from the drilling operator is for a portion of the mineral estate out of the 105 gross acres. Please reach out to the Petroleum Landman who presented the lease and ask him/her questions or you can reach out to a Petroleum advisor or a oil and gas attorney.