Oil & Gas Lease Holder Information
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Your rights as a lease holder
aIf you are considering or have signed a lease for Gas and/or oil under your property, please see the various resources below. It is extremely important to read, or hire an attorney to review, any lease agreement before signing it. You could give up rights to your property that you did not expect. Even if you have signed a gas lease, you still have rights – although these will vary state by state.
Your rights are guaranteed by PA Constitution, Article 1 Section 27, which states:
"The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people."
Obtain a copy of your lease at the County Recorder of Deeds which could have important clauses to review which are often problematic.
Non-negotiable rights
To learn about the rights you have that are non-negotiable, even if you have a lease, see Mountain Watershed Associations Know Your Rights Guide (a google doc ).
Terminating your lease
Depending on your situation there may be grounds to terminate your lease. Consult with an attorney to review your lease and identify if grounds for termination exist:
Your rights are guaranteed by PA Constitution, Article 1 Section 27, which states:
"The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people."
Obtain a copy of your lease at the County Recorder of Deeds which could have important clauses to review which are often problematic.
Non-negotiable rights
To learn about the rights you have that are non-negotiable, even if you have a lease, see Mountain Watershed Associations Know Your Rights Guide (a google doc ).
Terminating your lease
Depending on your situation there may be grounds to terminate your lease. Consult with an attorney to review your lease and identify if grounds for termination exist:
- Failure to initiate operations within a negotiated primary term
- Failure to produce in paying quantities
- Cessation of production
- Failure to pay fees owed
- ConservationTools.org section on Natural Gas Guidance
- Leasing Your Gas - What You Should Know from Smith Butz Law firm
- Marcellus Shale Legal Issues for Landowners
- Landman's Handbook a useful document for understanding how to respond to landman tactics
- Know_Your_Rights.pdf from Mountain Watershed Association
