Question about Mineral Rights and Oil Services

[dope hunter]

My mother and her brother and sister have recently inherited my grandparents property, 100+ acres, and with the land they inherited the mineral rights. The property has been split up and there is a stock tank on my parents portion of the land. On my parents land there is 2 pumpjacks 1 is currently pumping and the other hasn't pumped in over 10 years. The one that doesn't work is located close to a stock tank that my parents would like to have re-worked and made larger. The only problem is that the sucker rod that the service truck ties off to is about 15' from the edge of the tank, and if it was re-worked, the sucker rod would be under water. Also, there pumpjack leaks oil, and every time it rains, the oil washes down to the stock tank. My parents would love to have to well capped off, but the oil service company doesn't want that option. When my parents complain about the leak the o only thing the service company does is comes out and covers it up with dirt. I guess my question is, do my parents have any leverage with a service company about having them remove the pumpjack and capping the well, or are the just plain out of luck? Below is a pic of the property where the pumpjack is located.



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[rut-ro]

I would give TCEQ a call and let them see the oil leaks. They should make them cap it.

[eastxhunter]

Following

[dope hunter]

I would give TCEQ a call and let them see the oil leaks. They should make them cap it.

I figured the TCEQ or EPA would be an option, but I'm not even sure what they could make them do. Every pumpjack I've seen leaks, so I'm not sure if this leak is somethi by that would be a big enough violation to make them cap it.

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[dbaio1]

Covering up leaking oil is no bueno. Get proof of that and call my lawyer would be what I would do. .

[rut-ro]

I figured the TCEQ or EPA would be an option, but I'm not even sure what they could make them do. Every pumpjack I've seen leaks, so I'm not sure if this leak is somethi by that would be a big enough violation to make them cap it.

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It won't hurt to get them involved. Especially if it is running into your pond, which looks like it may be on a creek. If that is the case, the EPA and TCEQ will put hefty fines until they get it taken care of.

[Low Fence]

In a perfect world where companies do the right thing ... yes. In your situation (speaking from years of the same issues).... they ain't gonna do $&@%..... but shovel dirt 1-2 times a year on it. They have waaayyy too many outs to not be forced to capping a well ( cost a lot to do stuff right, go figure)

You can call rr commission..... and they will notify them when to shovel dirt as needed

[dbaio1]

I am not sure about Texas but in Louisiana any leak that flows into a creek/ bayou or any body of water is a major deal regardless of the wells financial status.

[dope hunter]

I guess another question I have is what happened to the contract after my grandmother passed away and the mineral rights were transferred to my mother? Does my mom have to sign a new contract with the service company or is it retroactive. I would think that might help as leverage, but I'm clueless on how all this works.

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[trophy8]

I guess another question I have is what happened to the contract after my grandmother passed away and the mineral rights were transferred to my mother? Does my mom have to sign a new contract with the service company or is it retroactive. I would think that might help as leverage, but I'm clueless on how all this works.

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You need a good attorney and get to reading that with them

[PYBUCK]

Call the railroad commission. They will make them clean it up right. Even if they clean it up they are still responsible for the contaminated water clean up. Probably a fly by night oil company, not a major.

[Texas Grown]

I guess another question I have is what happened to the contract after my grandmother passed away and the mineral rights were transferred to my mother? Does my mom have to sign a new contract with the service company or is it retroactive. I would think that might help as leverage, but I'm clueless on how all this works.

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You should contact "Grayson" on here for legal advice. Believe he lives in your area.

[dope hunter]

You should contact "Grayson" on here for legal advice. Believe he lives in your area.

Yea, that is something I am considering. I was hoping some guys on the green screen who are in the oil service industry could offer up some advise as well.

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[Big pig]

I would call the TX RR commission and the TCEQ.

Also, call the oil company who owns the lease AND send them a written statement that a portion of the lease is now owned by your mother. Send them a certified copy of the will or the deed where she received the interest. And tell them that all future revenues from her portion of the lease should be sent to her.

The oil leak is not acceptable and TCEQ and Tx RRC will be interested with photos and exact details on the well, operator and location.

BP (not an attorney)

[dope hunter]

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