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Oil/Gas/sub-surface right of way


I have mineral rights in the same section of the first part who has probably given a right of way for directional drilling to an owner of an adjacent section of the second part. I feel I should be compensated for the right given the second part by the first part. What should I do and how do I proceed??

If you have not signed a lease, or the oil company who is wanting to drill the directional well does not own any part of the lease you signed, I strongly recommend you seek the advice of the attorney, for several reasons.

First, unless you have entered into some form of contract that would allow for the directional drilling through your sub-surface terrain, the company proposing to do it will be committing trespass, an actionable offense that an attorney will explain to you.

Second, the drilling party will collect geological information from your sub-surface tract during the drilling process--and what if they discover that there is no oil or gas found on YOUR tract at a certain depth, but oil and gas is found on the adjacent tract at that same depth, what does that do to the value of your tract for future oil and gas leasing purposes?  Companies that might want to take a lease from you in the future will be able to find that information (if the regulatory agency makes it public, which is likely) and won't want to take a lease from you.

These are just two of the reasons why you should visit with an attorney about this, before any drilling begins.  Good luck, and have a Merry Christmas and Happy New Year.


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Marsha Breazeale, M.Ed., CDOA, CPLTA


All questions regarding division orders; ownership decimal calculations; title ownership and payer record changes (testate/intestate inheritance; deed; assignment; court order); oil and gas lease analysis for record-keeping and purposes of payment by operator or payer; pooling, horizontal wells, horizontal well allocation units; unclaimed property reporting; royalty owner relations questions. All questions concerning administration of surface land contracts and payment questions, such as for Surface Right-of-Way, Sub-Surface Right-of-Way, Easement, Surface Use Agreement. All questions regarding industry-standard and company-specific policies that affect land owners.


Sr. Staff Division Order Analyst. Certified Division Order Analyst (CDOA, National Association of Division Order Analysts) and Certified Lease Analyst (CPLTA, National Association of Professional Lease and Title Analysts) with 35 years of experience as a combination division order analyst and lease analyst in exploration and production in the oil and gas industry.

National Assoc. of Division Order Analysts (NADOA), National Association of Division Order Analysts (NALTA), American Association of Professional Landmen (AAPL), American Society of Trainers and Developers (ASTD)

"How an Oil & Gas Exploration & Production Company Operates" and "Principles of Oil & Gas Lease Analysis: Standard Clauses", Oil Patch Press; Articles in NADOA Magazine; LandFocus EDU Professional Training Manuals

Education/Credentials Management from Our Lady of the Lake University in San Antonio; M.Ed. in Instructional Design from WGU Texas.

Past/Present Clients
Past 15 years: GeoSouthern Energy Corporation; Contango Oil Co./Crimson Exploration & Operating Inc.; Apache Corporation; BP America; Marathon Oil; Newfield Exploration

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