[AT] Snow

Will Powell william.neff.powell at comcast.net
Wed Feb 17 10:21:52 PST 2010


Interesting information on the mineral rights. I belong to a family land trust handed down from my Grandfather. The land is in upstate NY on the Tug Hill Plateau. About 120 acres. While he was alive one of the Oil companies drilled for Natural Gas in the area and apparently found something... They asked my grandfather to sign something perhaps they were mineral rights... This might have been in the 50 or 60's. I believe it was Esso at the time. 

Do you think whatever he signed is still valid? Is there any way to find out what he signed? 

Regards, 

Will Powell 

----- Original Message ----- 
From: "Bob McNitt" <nysports at frontiernet.net> 
To: "Antique tractor email discussion group" <at at lists.antique-tractor.com> 
Sent: Wednesday, February 17, 2010 12:37:32 PM GMT -05:00 US/Canada Eastern 
Subject: Re: [AT] Snow 

Sorry, Farmer, but I fear Spring's still weeks away this year. Re the 
mineral rights and leases, I've been somewhat in the middle of the gas 
leasing and drilling here since I chair a county committee with the 
Planning Dept to work with landowners. I also know a lot of the 
contractors and reps involved with the gas companies involved. First 
thing I warn landowners about is don't sign any lease that a landman 
pushes at them because it'll favor the gas companies to such ridiculous 
advantages that the property owner gets nothing more than crumbs and 
also gives up the majority of rights over what the company and 
contractors can do to his land. I've been approached multiple times and 
refused each offer. If and when the leasors get "hungry enough," we'll 
negotiate. Best approach is to sign nothing and have a reputable law 
firm that specializes in these contracts (many are available here now) 
review it and make recommendations. Regardless of what the landman 
(salesman) says, these leases are contracts and can be worded such so 
the landowner retains many of the controls, both physically and 
financially, that he'd forfeit by signing the basic lease contract. Yes, 
you'll pay a legal fee, but doing so could make you thousands of dollars 
and give you control over your property and how it's used 

Here, the NYSDEC has developed certain restrictions and regulations that 
cover everything from road use, to waste water disposal or storage, to 
unit size when horizontal drilling royalty payments are made to 
adjoining landowners, whether they have a lease or not, to pipeline 
installations and routing. In the event of an accident, such as occurred 
in Dimick PA where the aquafers were contaminated, the leasor(s) are 
held liable, which is why bonding is mandatory by each company 
requesting mineral rights access. 

Bob 

On 2/17/2010 9:49 AM, Indiana Robinson wrote: 
> You have to be very careful about mineral rights contracts. Most want 
> to use a standard contract which gives them so much leeway it is just 
> scary. Usually they can do what ever they want to get to the 
> "minerals" including but not limited to clear cutting prime timber 
> land down to the last blade of grass. They can strip off the topsoil 
> and sell it. They can tell you verbally that they are buying gas 
> rights but their contract would allow them to quarry limestone out as 
> deep as the Grand Canyon... 
> They can also just tie your land up to keep some other driller from 
> ever drilling there while never paying you anything but the small 
> sign-up amount. They can tie up a LOT of land and only drill on one 
> piece in the center and using new horizontal boring methods they can 
> drill sidways to near the edge of your property and pretty much suck 
> out much of the gas from under it without having to pay you another 
> dime. It is already their gas and they only have to pay you royalties 
> on what they suck up through a well on your property. No well, no 
> money... 
> - 
> Going the other direction, That property in the next county I was 
> talking about was the site of the original grist mill about 1820 or 
> just before. The deed there includes full water rights that carry 
> forward with the deed "forever". Early mill properties were about the 
> only place where water rights were obtained on rivers here. My great 
> grandfather had a sawmill and gristmill both there. There was also a 
> very small factory about a mile upstream that used water power to make 
> small all wooden grain drills (one horse between corn rows) and a 
> second sawmill and gristmill about a mile downstream. I think they may 
> have been about the only 3 in that county. I'll have to check the old 
> atlas. Not a lot of reliable rivers there. The sawmill that was 
> downstream ended up in the Spring Mill State Park. The one at Moscow 
> was gone about 100 years ago and I don't know what happened to any of 
> it. My great grandfather also had a small wagon shop/blacksmith shop 
> there and a small fence factory both at the upstream end of the 
> property. They have also been gone about 100 years. I do have a few 
> bits and pieces out of the fence factory. They made a wooden picket 
> fence held together with twisted wire much like the old wood snow 
> fence but with bigger and pointed pickets. I can recall some of it 
> still standing around the village when we visited friends when I was a 
> kid. 
> A later miller had electricity in his house from the water power long 
> before the Village had power. My great grandfather 
> had a stationary steam engine that he used for power if the river got low. 
> OK, I rambled some more. Is it spring yet? 
> :-) 
> 
> 
> 
> 
> 
> 
> 
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