QUESTION
If I own property next to gas wells that are extracting gas from under my property, am I entitled to royalties?
Asked on Oct 20th, 2013 on Patents - Massachusetts
5 ANSWERS
Intellectual Property Attorney serving Southfield, MI
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Gerald R. Black
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The threshold question that needs to be resolved is? Who owns the rights to the gas underneath your property? You should inspect your deed and see what it says. There may be some urgency here, inasmuch as it appears that this extraction has already begun. Ultimately, you will need the advice of legal counsel to have the matter resolved.
Answered on Oct 22nd, 2013 at 7:07 AM
Sorry this is property law not intellectual property law.
Answered on Oct 22nd, 2013 at 6:20 AM
Intellectual Property Attorney serving Portland, OR
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Mohr Intellectual Property Law Solutions, P.C.
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You should speak with a mineral rights attorney. This question does not involve intellectual property rights. Description: Logo with slogan.
Answered on Oct 22nd, 2013 at 6:05 AM
If you own the gas/mineral rights to your property, you can control who accesses them and what royalties they have to pay. However, if there is an enormous pool of gas beneath several properties, counties, or states, you can control who drills on your land but you may not have much claim to to the gas itself and consequently, to the royalties. Check with an attorney who is experienced in this type of law.
Answered on Oct 22nd, 2013 at 5:38 AM
Appellate Litigation Attorney serving Boston, MA
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Banner & Witcoff, Ltd.
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Typically no. The landowner on whose property the actual wells are on is the only party to be paid a royalty. However you might be able to enter into a contract with either the same or another company to drill on your property and collect a royalty from them.
Answered on Oct 22nd, 2013 at 5:23 AM