I am the land owner and minerals were sold by the prior owner. My question is - does the mineral owner have a legal right to enter property, establish drilling rigs, pipeline or storage WITHOUT my consent ?
The prior owner of both land and minerals DID convey to a partial mineral owner these rights, in the mineral sales agreement. However - 2 things I can see is a problem with this:
Only 60% of minerals were conveyed - so as a 60% owner, how can you say you have 100% access to property. What if the 40% owner also wants access? There’s a conflict here I would think.
If prior owner were to grant rights to the mineral owner, but mineral owner fails to record this to the property deed - and then subsequently sell the property on a deed with no right of way or other restrictions - how can the property owner who holds deed be forced to accept an undisclosed condition that is otherwise cureable by not allowing mineral owner access.
Would seem mineral owner may have recourse against the person who sold them something they no longer have ability to grant - but the new landowner has clean hands, having no knowledge of prior agreements nor an ability to reject development of their land.
Just trying to make sense of a confusing issue and to get this clarified.
Ok, so doing a quick case law review - here’s what I am able to come up with on my own.
Ohio views surface and minerals as 2 separate estates, each with reasonable expectations to enjoy access without restrictions.
an operator has expectation to conduct drilling and running transport across the surface - provided they are REASONABLE in doing so and no other viable options exist (I/E - no inherent right to place a well pad on property a without compensation- just because neighboring property B demands fair compensation or using threat of such structure to purposely de-value a surface owners land - if viable alternatives exist - they must be used).
no storage/waste disposal on property without land owner express consent.
If mineral owner was landowner, and sells both to separate parties, it is contingent on the mineral holder to record the easement/right of way to the surface deed before transfer of the surface to another party, or with a reasonable period of time of execution of their being granted rights by landowner. Otherwise - the right is lost, as it is no longer the surface owners right to convey,