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TexLaw
TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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What recourse does a land owner have when the well owner uses

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What recourse does a land owner have when the well owner uses the property around the well sight to store abandon junk such as old trucks, camping trailers, and useless equipmrnt.
Hi,

Thank you for your question. Generally, the lease will determine what can and cannot be stored at the well cite by the operator.

Is the well still being drilled? Are other wells on your land being drilled?

-ZDN
Customer: replied 4 years ago.

The well is not being drilled; it has been there for around 100 years. the well has gone through several owners or I suppose lease holders because the property and mineral fights have been in the family since the 18 hundreds. This last person is the only we have had problems with.


 


The orginal land owner was my Great grand farther, then my grand farther who was the last person that lived full time so I guess this man thinks since there is no full time resident he can do anything.

The lease holder has a duty to keep the premises clean and can only store equipment that is actively being used in the maintenance of the well, or in drilling new wells. He cannot use the surface as a storage facility or junk yard, unless specifically authorized by the lease.

In the long run, you can sue the lease holder (and the person whose equipment is on your land if it isn't the same as the lease holder) for violation of your surface rights. You can seek damages for the eyesore and any actual economic lose it may have caused. You can also sue for clean up costs if any is required.

Since you have that claim, you need to first send a certified letter to the lease holder (and the person who is using the land this way) and demand that they immediately remove the equipment or that you will initiate legal proceedings and seek costs and damages, in addition to an injunction. Set a specific deadline in which they have to comply. If they don't comply at that point, the next step would be to go to a local oil and gas attorney to proceed with further handling.

-ZDN
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