Thursday, November 09, 2006

They Don't Own The Land

Oh really?

I just got a copy of the contract for the gas rights that Mom insists I sign. After I glanced over it, I asked her if she'd even read it. No, apparently the woman "explained it" to her. Here's just a few tidbits.

We would grant, demise (gotta love THAT word), lease and let exclusively to this gas company, its successors and assigns...the exclusive right for the purpose of mining and exploring for...gas (of all kinds)...and the exclusive right of injecting water, brine and other fluids into subsurface strata, with the rights of way and permanent easements for laying pipe lines which shall be perpetual when laid, and for telephone, telegraph and electrical lines, tanks, power houses, stations, gasoline plants, gas treatment plants, ponds and roadways and fixtures for producing treating and caring for such products any and all other rights and privileges necessary, incident to, OR CONVENIENT FOR the economical operation...for the production of (the gas).

Emphasis clearly mine. They can do whatever the hell they want with the land, as long as it's "convenient" and has something to do with the gas.

The gas company also has the right to store gas and recover same in any stratum underlying the premises. For which they will pay my mother exactly One Hundred dollars ($100.00) per well per year.

Additionally, we, our heirs, successors and assigns would surrender and release all rights of dower and homestead in the premises herein described insofar as said right of dower and homestead may in any way affect the purpose for which this lease is made. That's the land and house, my dear Mother. So I was right. We can't do anything with our land that would affect the use of/extraction of that gas.

Oh, and if the gas ever runs out, and they decide that they don't want to use the land anymore, then the payments specified in this lease shall be proportionately reduced on an acreage basis BUT the gas company shall maintain the rights to the surrendered portion as may be appropriate to its enjoyment of the portion not surrendered.

God Hell. And all this would've been signed away and done for had not my grandmother both A) come from a family that just loves to file legal paperwork and B) not had some foresight to try and protect other heirs from the actions of one.

I'm so angry right now that I could just...well, I don't know what. But I am SO pissed off. Mainly because I'm thinking about "what if" that second deed didn't exist. I'm not feeling very "zen" right now. Not very zen at all.

4 Comments:

Blogger Kari said...

Well, Thank God for your Grandmother's insight. Shame on your mom for not reading it to start with.

DON'T SIGN!! (like you didn't already figure that out) hehe

Thursday, 09 November, 2006  
Blogger contemplator said...

LOL. Well, I'm totally not planning on it. I left a message with the woman who read it to my mother. She has yet to call me back. I may call her again. Just to get it out of my system. Or, I may have calmed down by then and just be thankful we averted disaster.

Thursday, 09 November, 2006  
Anonymous Anonymous said...

Three cheers for you and your grandmother. Definitely don't sign and consider getting an attoney in case they have more bullshit planned. This may sound silly, but this whole scenario reminds me of the Dukes of Hazzard movie.

Thursday, 09 November, 2006  
Anonymous Anonymous said...

The pipelines in perpetuum was a bit of an annoyance too. Permanent access would be required for maintenance, and essentially, if the bloke down the road signed a lease too, they'd pipe his gas up to your pipeline, which means tracking more crap across your family's property and building more infrastructucture in the future after your gas is gone... And possibly turning your land into a storage facility. What the hell.

Do they think everyone's a Beverly Hillbilly and off to LA the second they strike some Texas Tea.

Thursday, 09 November, 2006  

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