I am a real estate agent attempting to sell a property that has sold OGMs and surface rights back in 2011 to Jenco. Shell bought from Jenco. Seneca resources is now the owner of these rights. The sellers were not aware of the impact of losing the surface rights. There is no language in the deed that I can find that protects them from anything happening at any time on their 79 acre property with a home. I’m wondering is there any legal route that may possibly protect them or a future buyer at this point from drilling/exploration/well pad placement on the property without property owner consent/discussion/agreement?
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If they sold the surface rights then didn’t they sell the land? Unless they sold the right to build facilities and or drill sights.
The mineral rights are usually dominant over the surface rights which may or may not allow discussion with the surface owner. There may be surface lease agreements for pad sites. However, the “accommodation doctrine” may protect the surface owner from drilling too close to their house or barn. Laws vary by state. In OK, for example, the distance is usually 200’. You would have to read the PA statutes for oil and gas to see the rules. You can probably look up some recent oil and gas leases and surface leases in the area to see what the normal lease language is.
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