After several attempts to request connection through the gas operating company, they told me that the only way I could get access to the gas was to get the Right of Way document signed by the neighbor. The operating company specifically stated the following; It should be clear in the right of way that the adjoining landowners acknowledge they are signing away any right they have under the terms of the attached lease agreement to take 200 mcf of house gas from the XXX well, in addition to allowing you an easement across their property to lay your service line. I contracted with a lawyer to produce a Right of Way Easement document to connect a natural gas pipeline to the neighbors gas connection to a gas well located on my property as instructed. My attorney did not include the issue above in the Right of way document and when I submitted the document to the neighbor she sent it to the operating company who then called me and denied my request for the last time. Do I have a case?
You may have a legal malpractice case.
The issue is damages. if all thatneeds to be done is to have a proepr lease document drafted, then the potential malpractice claim is likely not worth the time and expense.
However, you indicate that your request was denied "for the last time." If you have suffered an irreparable permanent harm that can be financially quantified, then you may have a claim worth chasing.
You should seek an attroney who handles legal malpractice and who also has a working knowledge of the type of lease arrangement that you had sought.
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