I recently prepared some R/W documents for a client (local utility company). Part of my responsibility for them is providing documentation of the current servient property owner. My research indicates that the entire 1/4 section is, and has been for some time, owned by a family trust, but surface rights only.
The request for utility service is for a gas production site from an outfit that owns the well. They (production co.) have returned the documents stating their wishes that ownership be listed as another entity. According to county records, that entity owns no surface rights.
My question: Can the owner of sub-surface rights dedicate a surface easement? It appears as though this may be the case. Never ran into this...o.O
Any thoughts?
> I recently prepared some R/W documents for a client (local utility company). Part of my responsibility for them is providing documentation of the current servient property owner. My research indicates that the entire 1/4 section is, and has been for some time, owned by a family trust, but surface rights only.
>
> The request for utility service is for a gas production site from an outfit that owns the well. They (production co.) have returned the documents stating their wishes that ownership be listed as another entity. According to county records, that entity owns no surface rights.
>
> My question: Can the owner of sub-surface rights dedicate a surface easement? It appears as though this may be the case. Never ran into this...o.O
>
> Any thoughts?
No, Subsurface cannot grant surface rights. However in most oil/gas producing states Surface is subservient to Subsurface. The Production company can pretty much put any easement necessary for the production of oil/gas anywhere needed, subject only to the payment of surface damages and staying clear of ponds, lakes, water wells, houses, barns, etc.
B-)