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Oil and Gas/ Timber experts
Posted on 2/16/21 at 9:10 am
Posted on 2/16/21 at 9:10 am
I have a tract of land I am considering and it has 2 oil well pads that are in production (about 4 acres total surface rights). The only access into this tract is from an all weather gas well road. There are no gates on this road and it services thousands of acres and many landowners.
So my questions are? Are landowners allowed on Oil and gas company roads? Can timber companies use these roads to haul timber and equipment? Is written authorization required for usage of these roads?
Anyone with experience in a similar situation?
TIA
So my questions are? Are landowners allowed on Oil and gas company roads? Can timber companies use these roads to haul timber and equipment? Is written authorization required for usage of these roads?
Anyone with experience in a similar situation?
TIA
6
Posted on 2/16/21 at 9:14 am to nogoodjr
I think the laws/rules are different per the state it's located in.
Posted on 2/16/21 at 10:01 am to nogoodjr
The landowner can use the roads, the timber companies usually cannot, unless they have a written agreement with the oil company.
Posted on 2/16/21 at 10:31 am to nogoodjr
I would think the deed would contain the info you’re looking for
Posted on 2/16/21 at 10:35 am to nogoodjr
Try to get the mineral lease or other document that granted the mineral rights on the land and see what it says about surface usage. There could also be servitudes granted by other docs that govern the right to build/use roads and such. You should consider getting a title exam to gather any such docs.
Posted on 2/16/21 at 12:05 pm to nogoodjr
Long story short everyone can MOST LIKELY use the road. There was probably already a road there and the O&G company rocked it. In LA you have to grant access to property even if it is through your land. This is generally the easiest access which would be the existing road. I’m not an attorney though so please double check. Just a little experience.
Posted on 2/17/21 at 12:23 am to undrafted
Most likely timber companies can use the road. I believe you said the road gives access to other landowners to access their property too. So they would also need to use it for logging. As someone said talk with the oil company. Usually your timber sale contract should have a road/property damage clause in it. Add a road damage bond clause to the written agreement. Bond returnable upon completion of Agreement.
Posted on 2/17/21 at 11:10 am to nogoodjr
You can put a gate on the road to prevent anyone other than the well owners on your property. However, be prepared to fight law suits for access, by La law they are to provide their own access coming from the closest point from a public road.
One other thing is if the road has been there for 7yrs and they have been using the road you can't stop the land owners from using the road.
One other thing is if the road has been there for 7yrs and they have been using the road you can't stop the land owners from using the road.
Posted on 2/17/21 at 4:37 pm to offshoretrash
7yrs sounds like an Arkansas law.
OP needs to see what whatever document that granted the road easement allows.
OP needs to see what whatever document that granted the road easement allows.
This post was edited on 2/17/21 at 4:39 pm
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