|
mylawyersayswhat
|
#
?
Dec 19, 2019 20:36
|
|
|
|
| # ? May 15, 2024 07:38 |
|
|
Parakeet vs. Phone posted:Can I get a little help with oil and natural gas type law? This is a real estate law question, highly specific to West Virginia law, and it is incredibly not possible to comment on a contract you only vaguely describe. That said, let me explain how a natural gas well works. They are horizontal: they drill straight down and then to the side. Then they "frack" (ram a whole lot of water into the hole so it fractures the surrounding rock, and have stuff that's basically sand in that water that holds open the cracks, and natural gas will flow out of those rocks through the cracks into the wellbore). They're not putting the pad on your property (the part that goes straight down, and where the gas will come out of). But they may need the mineral rights in all of the land they're drilling through, not just the rights on the well pad itself. The agent may be deliberately trying to confuse you about what's going on and what will or will not happen with your signature so that they get your signature. A natural gas well produces most of its gas in the first two years. So the monthly payments will probably be highly front-loaded, and won't be a constant stream of revenue. picture: 
evilweasel fucked around with this message at 20:59 on Dec 19, 2019 |
|
#
?
Dec 19, 2019 20:41
|
|
|
That West Virginia question is INTENSELY local and you will need a lawyer who is intimately familiar with the issues.
|
|
#
?
Dec 19, 2019 20:46
|
|
|
euphronius posted:That West Virginia question is INTENSELY local and you will need a lawyer who is intimately familiar with the issues. one thing to note is that while it may not be worth it for you to hire this lawyer and ask, it may be worth it for a bunch of your neighbors and you to split the cost if they're offering everyone form contracts
|
|
#
?
Dec 19, 2019 20:48
|
|
|
I have no idea if this is the right answer, but it's possible that what they're buying is avoiding a headache if someone did get mad and try to sue to claim "MAH OIL" was stolen out from under their land.
|
|
#
?
Dec 19, 2019 20:54
|
|
|
My mother wanted the HoA to join up and talk, but there doesn't' seem to be any interest and to be frank my family's not popular enough to take the initiative on it if the HoA board won't. Generally having a hands-off HoA is nice, but this is the one time it's annoying. Which sucks, because yeah, a joint review would be the best option. From our emails with the HoA board, the company didn't seem to be lying about people signing already either, which is also not great for any joint plan. Thanks though. I mostly wanted to hear if the sirens going off in my head were right. My family personally just got the actual contract in hand about an hour ago, sorry to be vague. I mostly just want to know what to watch for and help them figure out the next step, and watching out for underground drilling/work sounds exactly like the bullshit I figured they'd be doing. I'd hate to leave money on the table if the worst is happening anyway and they're just dotting i's and crossing t's, but it sounds like we should definitely hit up a few lawyers or just refuse. The agent did at least mention the front-loaded payments and some of the usual bullshit I've read about that wasn't part of the deal, but I can't tell if that's just getting in front of the bullshit to build faith.
|
|
#
?
Dec 19, 2019 21:14
|
|
|
A local lawyer should be able to review it for a few hundred bucks.
|
|
#
?
Dec 19, 2019 21:17
|
|
|
When you say the neighborhood is on top of a well, do residents use that well water? I'd be concerned about what, if any, kind of waiver of claims are in this agreement. Even if residents don't use the water, it's going to murder their property values if their houses are sitting on poison.
|
|
#
?
Dec 19, 2019 21:27
|
|
|
I'm guessing (IANAL) it's partly "permission to take the mineral rights away from your property in exchange for money" which is pretty standard, and could also partly be "permission to destroy the value of the land by permanently poisoning the groundwater below it and possibly causing earthquakes and maybe even killing everything that grows there and otherwise being a giant, rapacious, horrifying resource-extraction industry that grinds people into powder, with the explicit assistance of both political parties in west virginia because being pro-mining is the way you get elected there" so uh, good luck with that. There's also the whole noise problem, so it's not just the "debate" about ground water pollution that matters.
|
|
#
?
Dec 19, 2019 21:31
|
|
|
Oh, I was trying to describe the gas itself when I said well. I'm not 100% sure of the area's general groundwater situation, but the neighborhood is on regular city water. As far as I know no one has contaminated the local water (...still concerned though, I keep thinking it's coming). So far all they've done is use up a whole bunch of the area's water and occasionally leave barrels of mystery chemicals on the road. General fracking in the area has been going on for a while, that fight's lost and has been for years. They just haven't tapped in close enough to matter. The roughest/weirdest/most confusing part is the actual drilling site is going to be at least 15 or so minutes away, so all of this happened without any input from our neck of the woods. It was just kind of sprung on everyone and it's very confusing. If it was a regular debate over a drilling site it'd probably be easier. I figured that it was a liability thing, but EvilWeasel's point that they're potentially reserving rights for future actual underground drilling is something to check too. I figured that there was more to it, and that sounds like it'd fit. Sorry if any of this is a little vague, I'm dealing with it through the filter of my parents and the area's general malaise. I live here at the moment but it's their house and ultimately their decision, I'm just trying to keep them from getting screwed on it. It doesn't help that the neighborhood is generally anti-social, full of itself and really private, and the state is really friendly to natural gas. Parakeet vs. Phone fucked around with this message at 22:04 on Dec 19, 2019 |
|
#
?
Dec 19, 2019 22:02
|
|
|
Parakeet vs. Phone posted:Can I get a little help with oil and natural gas type law? Google: West Virgina Oil and Gas Attorney [My County] In Texas, I get these questions and types of issues frequently, and they are complex enough, and valuable enough that people pay me money to answer them. If they're offering you $4,000 + royalties, then a lawyer is definitely worth $500 to make sure you're not signing away anything more valuable, or leaving more money on the table.
|
|
#
?
Dec 19, 2019 22:07
|
|
|
Modus Pwnens posted:mylawyersayswhat Pardon?
|
|
#
?
Dec 20, 2019 23:56
|
|
|
I DRINK YOUR MILKSHAKE
|
|
#
?
Dec 21, 2019 01:13
|
|
|
Phil Moscowitz posted:I DRINK YOUR MILKSHAKE Before or after it brings all the boys to the yard?
|
|
#
?
Dec 21, 2019 08:03
|
|
|
therobit posted:Before or after it brings all the boys to the yard? Shame on you.
|
|
#
?
Dec 21, 2019 08:49
|
|
|
Phil Moscowitz posted:At best a lawyer who advises a client to lie (under oath) is committing an ethical violation and is probably suborning perjury, which is a crime in most jurisdictions. Most likely no defendant will be testifying anyway but you still can’t put in a witness who gives testimony you know if false (because your client told you the truth which is contrary). Client: So I want to say *provable lie* while on the stand. Counsel: Don't do that. Don't say that. Client: Ok. And then when on the stand Client says what Counsel told them not to say.
|
|
#
?
Dec 22, 2019 19:58
|
|
|
You are supposed to cut them off and tell the court they are lying
|
|
#
?
Dec 22, 2019 20:45
|
|
|
Nonexistence posted:You are supposed to cut them off and tell the court they are lying Oh poo poo for real?
|
|
#
?
Dec 22, 2019 20:56
|
|
|
Nice piece of fish posted:Oh poo poo for real? No.
|
|
#
?
Dec 22, 2019 22:06
|
|
|
joat mon posted:No. Somebody tell Rudy Guliani. Quick!
|
|
#
?
Dec 22, 2019 22:34
|
|
|
Is it possible to include a stipulation in your will that if any of your beneficiaries alter your advance directives that they are removed from any inheritance? Broadly speaking, so you think that, were that clause to be activated, it would withstand challenges from said heirs?
|
|
#
?
Dec 22, 2019 23:41
|
|
|
Ratatozsk posted:Is it possible to include a stipulation in your will that if any of your beneficiaries alter your advance directives that they are removed from any inheritance? Broadly speaking, so you think that, were that clause to be activated, it would withstand challenges from said heirs? No you can't retrospectively disinherit your son if he marries a black woman/man.
|
|
#
?
Dec 22, 2019 23:56
|
|
|
Alchenar posted:No you can't retrospectively disinherit your son if he marries a black woman/man. Is this also true regarding real property I need to know if I have to spend a night in a haunted McMansion
|
|
#
?
Dec 23, 2019 00:09
|
|
|
It might be informative to explain the concept of a noise withdrawal.Outrail posted:Faxes are still a thing? I thought they'd gone the way of cassette tapes and car phones. Faxes are used for document transmission to places with computer systems so locked down that email attachments can't come in from outside. This is also why email-to-fax and vice versa are popular. The IRS, for example, doesn't accept documents by email, and if you bring in a thumb drive they will have to isolate a system to scan the drive before they touch its contents.
|
|
#
?
Dec 23, 2019 00:16
|
|
|
Alchenar posted:No you can't retrospectively disinherit your son if he marries a black woman/man. I think they meant a medical advance directive. Could you disinherit if you have a directive of "do anything possible" and the person says "nope, pull the plug" or vice versa ("enjoy your misery you awful old bat!")
|
|
#
?
Dec 23, 2019 00:31
|
|
|
Ratatozsk posted:Is it possible to include a stipulation in your will that if any of your beneficiaries alter your advance directives that they are removed from any inheritance? Broadly speaking, so you think that, were that clause to be activated, it would withstand challenges from said heirs? Do you mean "advance directive" as in "living will", i.e., "pull the plug, I don't wanna be a vegetable"? If so, 1) I don't think they can alter it - that's the whole reason for having one is to take end-of-life decisions out of their hands, and 2) I can't think of a legal reason why you couldn't disinherit them over such an issue.
|
|
#
?
Dec 23, 2019 00:37
|
|
|
blarzgh posted:Do you mean "advance directive" as in "living will", i.e., "pull the plug, I don't wanna be a vegetable"? Yeah, that’s the point I’m referring to. There’s huge variation state to state about how those wishes are translated into medical directives, and even in states with durable systems to put these wishes in place, it is all too common that family come in with different expectations and plans that can muddy the waters. Aren’t the death panels due already?
|
|
#
?
Dec 23, 2019 01:30
|
|
|
Let’s get back to the haunted mansion thing. Can I make my heirs spend the night in an haunted mansion as a condition of inheriting?
|
|
#
?
Dec 23, 2019 04:06
|
|
|
FrozenVent posted:Let’s get back to the haunted mansion thing. Can I make my heirs spend the night in an haunted mansion as a condition of inheriting? i'm not a lawyer but i'm pretty sure that's the whole reason conditions in wills are a thing
|
|
#
?
Dec 23, 2019 04:08
|
|
|
You can and I've seen wills impose much more silly and petty conditions, always derivative of spite over family conflict
|
|
#
?
Dec 23, 2019 04:29
|
|
|
Nonexistence posted:You can and I've seen wills impose much more silly and petty conditions, always derivative of spite over family conflict Perfect. So I can insist that my heirs spend a night in a house haunted by my own ghost if they gently caress with my wishes for life-sustaining therapies
|
|
#
?
Dec 23, 2019 05:15
|
|
|
Ratatozsk posted:Is it possible to include a stipulation in your will that if any of your beneficiaries alter your advance directives that they are removed from any inheritance? Broadly speaking, so you think that, were that clause to be activated, it would withstand challenges from said heirs? For norwegian law (I actually get asked that a lot, also this might get technical so bear with me): Lol no. But under some very specific circumstances a solid maybe. If you have a lot of money. But at that point you're better off making a trust.
|
|
#
?
Dec 23, 2019 12:43
|
|
|
Nonexistence posted:You can and I've seen wills impose much more silly and petty conditions, always derivative of spite over family conflict Go on....
|
|
#
?
Dec 25, 2019 02:30
|
|
|
SkunkDuster posted:Go on.... The most extreme was a guy who was very unhappy that his son made him stop sending money to this very nice man in central america who was totally helping him invest in telecoms in developing countries and not, uh, just taking the money. Son was even able to claw back $200k of it. Dad's condition was for son to get his inheritance, he had to take dad's ashes in a john boat on a specific lake at midnight under a full moon and scatter them while thinking about what a lovely son he was. Dementia is one hell of a drug.
|
|
#
?
Dec 25, 2019 06:22
|
|
|
Nonexistence posted:The most extreme was a guy who was very unhappy that his son made him stop sending money to this very nice man in central america who was totally helping him invest in telecoms in developing countries and not, uh, just taking the money. Son was even able to claw back $200k of it. How would you even enforce such a thing? Would you have to go with the son on a john boat midnight ride, or would you just take his word for it that he spread the ashes as his dad wished?
|
|
#
?
Dec 26, 2019 02:53
|
|
|
SkunkDuster posted:How would you even enforce such a thing? Would you have to go with the son on a john boat midnight ride, or would you just take his word for it that he spread the ashes as his dad wished? In our state the county oversees the actions of fiduciaries in charge of estates, so they would require son to demonstrate he complied by some measure of competent evidence before distribution. If he did not do so and received his share anyway, fiduciary would be liable to the other beneficiaries in the amount they would have gotten but for his mistake. Fiduciary can petition the court for a hearing if there is a question about whether son has provided sufficient evidence he satisfied the condition.
|
|
#
?
Dec 26, 2019 04:52
|
|
|
My friend who’s also the lawyer that helped me with my divorce invited me to a christmas party at his house tomorrow, what should I get him
|
|
#
?
Dec 28, 2019 03:56
|
|
|
Louisgod posted:My friend who’s also the lawyer that helped me with my divorce invited me to a christmas party at his house tomorrow, what should I get him Handle of whiskey
|
|
#
?
Dec 28, 2019 04:41
|
|
|
Was debating whiskey and really nice chinese cigarettes he likes to smoke but not gonna encourage smoking unless it’s weed The lawyer’s water it is then
|
|
#
?
Dec 28, 2019 04:47
|
|
|
|
| # ? May 15, 2024 07:38 |
|
|
Just get him weed. It's what we all want.
|
|
#
?
Dec 28, 2019 06:25
|
|
