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How to handle trespassing by oil and gas companies

On Behalf of | Jul 8, 2024 | Oil & Gas Law

Oklahoma is rich in oil and gas resources, and it is not uncommon for landowners to worry about their property when a company operates nearby. While oil and gas companies may have mineral rights to access these resources, they must do so with respect for private property. If they perform the opposite, you may have the option to pursue legal action.

What is surface and mineral rights?

In Oklahoma, surface rights ownership allows you to control the use and enjoyment of the land’s surface. This includes activities like building structures, farming and recreation. Mineral rights, on the other hand, grant ownership of resources below the surface, including oil and gas. Severing and selling these rights from surface rights are possible and common.

Even when they own the mineral rights beneath your land, oil and gas companies still need to obtain a lease agreement for exploration and development purposes. They must also provide written notice before commencing any activity on your land.

Act promptly when trespassing occurs

If there is an unauthorized entry or a failure to provide proper notice, there are steps you can take, such as:

  • Document any activity with photos, videos and testimonies from witnesses.
  • Confirm your ownership of surface rights and any existing mineral leases.
  • Express your concerns to the company in writing.

The circumstances of each case are different, so it is best to consult an attorney to discuss your legal options, including pursuing an injunction to stop the trespassing or filing a lawsuit for damages caused by the company’s activities.

Protecting you property

Oil and gas development can be complex for landowners, so leaving any confrontation with the authorities or your lawyer is highly advisable. Still, a few ways to protect your property can mean understanding your rights and taking the necessary steps when faced with potential trespassing.

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