My mother has received a Oil and Gas Lease (PAID-UP) papers along with a letter from a lawyer stated they will sue her if she doesn't sign for her $250.00 signing bonus in turn she will receive 15% for 5 years for her fractional mineral interest in 7.106250 acres located in Tyler County West Virginia. It appears they may not start to drill until 2023, so if this is the case would this mean she will probalby receive nothing since the five years would be up in 2022. My mother has no idea why she has received these papers, my mother is in her 70's. The letter states Antero Resources will have no choice but to file suit against you and ask the Court to partition the fractional interest that you appear to own pursuant to West Virginia Code Section 37-4-1 et seq.
The only thing my husband and I can figure out is that something about pooling, does this mean that my mother is holding up Antero so therefore they will sue her and win because they have the court of law on their side.
Need advice should my mother just sign these papers. Need advice this is causing her a great amount of stress, feels she is being threatened and bullied by Antero Resources.
Lists my mothers name then (Heir of Orpha Hickman)
Thank you all for any and all help and advice that can be given in dealing with this situation.
Christine Pickens
Christine,
For what it is worth, I have won three partition suits filed against me. Obviously I do not know all of the specifics in regard to your Mother's situation, but strongly suggest you do not fold when it comes to being bullied.
You are welcome to directly email me if you have any questions.
Cheers
Thank you for your reply i will share it with my mother, she is just beside herself, a representative on behalf of Antero Resources visited my parents at their home, my father tried to ask him questions and he told my father "I can't talk to you I only have to talk to Martha" they are so scared, I live in the Columbus Ohio area and they live in Wheeling West Virginia, my husband has the day off tomorrow and we are driving over to try to help them. They are elderly farm people with a lot of acres in Ohio County West Virginia and have themselves all worked up thinking this is a scam to try to get their mineral rights from the land they own and live on in Ohio County, the land has been in my mothers family for 3 generations. The papers state if they don't respond by Feb 20, 2017 they will file suit with the court. We just don't know why Antero Resources are coming to her now about land in Tyler County West Virginia, the relative they refer to passed away years ago and she was my mothers uncle Harrys wifes side of the family by marriage.
Thank you again for your reply, Christine Pickens
Christine,
O-H-I-O, fellow Buckeye, I too am in the Cbus area.
Any assistance I can provide, I will be happy to do so. Landmen representing the production companies try to bully and threaten their way and count on the intimidation factor.
As gnarly as things seem to be, there is NO rush to sign any paperwork and never be forced to sign anything you do not completely understand.
Enjoy the warm weather!!!
O H I O Thank you, we all are sure enjoying this beautiful weather and watching the all star basketball game
Christine and Keith Pickens
Christine,
Tell your parents not to worry. These bottom-scum-sucking bullies can be intimidating. But, that is how they make their low-life living. I truly understand how she can feel scared.
She doesn't have to sign what she doesn't understand. If these people show up again, I wouldn't let them in.
Good luck,
Pat
I am not a lawyer and I am located in Texas. I get lowball offers in the mail quite a bit, and i throw them away. This sounds to me like a scare tactic to get her to sign a very very cheap lease. I don't understand how an oil company can partition your land. I can understand if another owner wanted to partition you, but not a leaseholder. I suggest you follow the advice of others closer to West Virginia, and its laws, but I felt obligated to respond because this is such an egregious example of pressure tactics. I would do more than one writer suggests is to not let them in--I would sic the dogs on them if they get close.
Unfortunately there are ways for the company to partition a mineral interest with multiple owners, if one owner sells the company even a small piece. Then any owner can sue to partition the tract by forcing a sale of some or all of the interests (not clear on that part). If you don't sign the lease they can say that you don't want to develop your minerals to the detriment of the other mineral owners. In WV there is a requirement that all owners need to be leased (they are trying ways to change the laws but so far they are not successful). You can fight (a good attorney can do amazing things, and WV Mineral Owner seems to have a very good one) but you can't ignore. You can keep negotiating, and keep records. Communicate in writing etc to show that you are trying to get a lease and not obstructing. Better yet, have your attorney negotiate for you. I think you are likely to get your attorney's fee back in the bonus that a good attorney can get for you. Some companies are worse than others in this process. Antero is not the worst out there by far but are becoming very obnoxious, it seems.