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N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 9215
Experience:  Since 1983
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we are in contract negotiations to purchase a home with 2.2

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we are in contract negotiations to purchase a home with 2.2 acres. no realtors are involved. we live in Southeastern Ohio where the oil and gas companies are doing a lot of drilling and fracking the seller wants to keep the mineral rights to the property. they do not have a lease signed with the oil/gas companies but have been approached by them. I was told they could not set up a drill on the property because of it's size. the oil/gas company is trying to get enough homeowners to sign on so they can have a total of 649 acres but that they can not drill on any parcel that is less than 15 acres. I do not know if this is correct. my question is.. what rights would I have as to what the oil and gas companies can do to our property? can they put the drill on the 100 acres behind us and build an access road through our property? we love the house and property. it is perfect for our family. I am not comfortable with the current owners keeping the mineral rights but am not sure if I am making a bigger deal of this tha. I should be. Is there a way we can assure ourselves that our property would not be damaged?
You asked:
can they put the drill on the 100 acres behind us and build an access road through our property?

I am sorry but if the seller keeps the mineral rights, the answer is Yes, you could end up having an industrial oil extraction facility next door with an easement running through your property.

To me this would be a deal breaker.

If the seller will not deed ownership in fee simple, you have no guarantee as to what the seller might do in the future.

I hope this information is helpful.
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Thank you for the Excellent rating!