Hi there I’m new to this forum. I was reading through here and found some talk about a 30 acre piece of land that my family ownspassed down from my great great grandparents in the Ellsworth district of Tyler WV. that antero is asking for an extension on a prior 5-year lease so a new five year lease. I recently received something from Antero stating to the effect of I inherited my portion apparently when my father passed 7 years ago, but this is the first time hearing about it. My brother and I own a very small fraction of the 30 acres. I come from a very large family. My Net acres is . 00502. This is the first ever I’ve heard of it and my brother only has found out through me. My question is how were they able lease it without my brother or My own consent? Or are they able to since it is only minerals at a fraction that they are actually leasing? They are offering 200 plus 14% royalties or $400 to purchase. Just trying to figure out how to best deal with it. My offer expired a couple weeks ago but got a letter today from Antero that stated "they have a vested interest in my minerals and will offer the highest, fairest price if given the opportunity to purchase. ". Any and all help is appreciated. Thank you!
There are a number of legal proceedings they can undertake to force a lease on mineral rights. The old standby seven years ago was a partition suit, and that may be what they used for yours. We now also have forced pooling and co-tenancy. Both allow an oil and gas company to force a lease onto minerals where the mineral owner can’t be found or won’t work with the oil and gas company. This allowed companies to develop property that they otherwise wouldn’t be able to develop. The good and bad of that can be debated, but it is allowed by law now and probably won’t change.
If you decide to lease, ask for $1000 bonus and 20% royalties with gross proceeds. Also request a No Warranty of Title clause, a Hold Harmless (indemnification) clause, and language that says you have no knowledge of old wells or leases. Also ask for a Marcellus Shale Formation Limit so this lease will only apply to the formation that they will be taking gas out of.
If you decide to sell, make sure they use a quit claim deed (it won’t include a warranty of title) and ask for at least double the money they offer.
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