When a gas company wants to build, improve, or use a road across a Pennsylvania landowner’s property, the company may present a Roadway Agreement, Access Road Agreement, Roadway Easement Agreement, Temporary Road Agreement, or similar document.
The agreement may sound simple. The landman may explain that the company only needs a road to reach a well pad, pipeline area, water line, meter site, or other natural gas facility.
But a Roadway Agreement can be a powerful legal document.
It may grant permanent or long-term access rights, affect property use, create tax consequences, increase liability exposure, and give the company far broader rights than the landowner expects. Before signing any Roadway or Access Road Agreement, Pennsylvania landowners should carefully understand what is being granted, whether the company already has any access rights, and what protections should be negotiated.
A Roadway Agreement Is Not Just Permission to Build a Road
Many landowners assume a Roadway Agreement simply allows the company to install a single road for a limited purpose.
That may not be true.
A company-drafted Roadway Agreement may include rights involving:
- permanent access;
- temporary construction access;
- road widening;
- road relocation;
- use by affiliates and contractors;
- access to multiple facilities;
- access for future operations;
- use of existing driveways or farm lanes;
- installation of gates or locks;
- drainage changes;
- grading;
- graveling;
- maintenance;
- and continued use long after construction ends.
The legal effect depends on the language of the agreement, not the landman’s description.
Review the Existing Oil and Gas Lease First
Before signing any separate road document, the landowner should review the existing oil and gas lease and addendum.
The company may claim that the lease already gives it the right to build or use a road. That may or may not be correct.
The lease should be reviewed to determine:
- whether access rights already exist;
- whether those rights are limited to certain operations;
- whether the proposed road serves the leased premises or other lands;
- whether the route is reasonable;
- whether surface protections already apply;
- and whether the company is asking for additional rights beyond the lease.
If the company asks for a new Roadway Agreement, the landowner should ask why. The request may indicate that the company wants rights it does not already have, or wants broader and clearer rights than the lease provides.
Permanent vs. Temporary Roadway Rights
One of the first issues is whether the road rights are permanent or temporary.
A permanent Roadway Agreement may burden the property for decades or even indefinitely. It may affect future owners, future sales, future development, and future property use.
A temporary Roadway Agreement may be limited to a construction period or a specific project. But even temporary rights must be carefully drafted. The agreement should clearly state when the road rights begin, when they end, and what must happen when the road is no longer needed.
Landowners should avoid vague language that allows a supposedly temporary road to remain in place without a clear termination date or removal obligation.
Location Must Be Specifically Defined
Road location is critical.
A road placed in the wrong location can interfere with:
- homes;
- barns;
- fields;
- timber;
- livestock;
- driveways;
- hunting areas;
- ponds;
- streams;
- future building sites;
- subdivision plans;
- and general property use.
The agreement should include a detailed map or exhibit showing the exact road location. The company should not have broad discretion to move the road, widen it, or create alternate access routes without written consent.
Landowners should also consider whether the route will affect future plans for the property. A road that seems acceptable today may create problems later if the property is sold, developed, divided, farmed differently, or used by the next generation.
Road Width and Construction Standards Matter
The agreement should define the width of the road and the limits of disturbance.
A company may need room for large trucks, drilling equipment, water trucks, or construction vehicles. But the landowner should not grant broader rights than necessary.
The agreement should address:
- road width;
- shoulder width;
- drainage ditches;
- grading limits;
- clearing limits;
- gravel depth;
- culverts;
- gates;
- turnarounds;
- pull-off areas;
- and whether additional work space is allowed.
If the company wants to widen or improve the road later, that should require consent and additional compensation where appropriate.
Existing Farm Lanes and Driveways Require Special Protection
Companies often seek to use existing farm lanes, private roads, or driveways.
This can be convenient, but it may create serious problems if the agreement does not protect the landowner.
Heavy industrial traffic can damage:
- private driveways;
- farm lanes;
- bridges;
- culverts;
- fences;
- gates;
- drainage systems;
- and nearby buildings or landscaping.
The agreement should require the company to maintain, repair, and restore any existing roadways used for company operations. It should also address whether the company may improve an existing road, whether those improvements remain after use, and who controls the road after operations end.
Compensation Should Reflect the Full Burden
Roadway compensation should not be evaluated only by the length or width of the road.
The landowner should consider the full impact, including:
- acreage occupied;
- permanent or temporary duration;
- loss of use;
- timber clearing;
- crop loss;
- interference with farming;
- hunting disruption;
- residential inconvenience;
- dust;
- noise;
- truck traffic;
- drainage changes;
- road maintenance obligations;
- future property restrictions;
- and tax consequences.
A company’s first offer may not fully account for the actual burden created by the road.
If the road will be permanent or used to serve multiple facilities, compensation should reflect that broader and longer-term impact.
Clean and Green and Tax Issues Should Be Addressed
Roadway Agreements can create tax concerns, including possible Clean and Green rollback issues or assessment changes.
The agreement should clearly state that the company is responsible for any rollback taxes, penalties, interest, assessment changes, or other tax consequences caused by the company’s road construction or use.
Landowners should not assume the company will voluntarily address these issues later.
If the property is enrolled in Clean and Green or another preferential tax program, this issue should be discussed before signing.
Maintenance Obligations Must Be Clear
A Roadway Agreement should specify who is responsible for maintenance.
The agreement should address:
- routine maintenance;
- snow removal;
- grading;
- dust control;
- gravel replacement;
- erosion control;
- drainage;
- culvert repair;
- potholes;
- gate repair;
- and damage caused by company traffic.
If the company uses the road, the company should be responsible for damage caused by that use. The landowner should not be forced to maintain a road for company operations unless that obligation is clearly intended and compensated.
Drainage and Erosion Problems Are Common
Road construction can significantly change drainage patterns.
A poorly located or poorly maintained road may cause:
- erosion;
- ponding;
- flooding;
- sediment movement;
- driveway damage;
- field damage;
- and long-term drainage problems.
The agreement should require the company to install and maintain proper drainage features, including culverts, ditches, water bars, and erosion-control measures where needed.
Drainage language should be specific, not vague.
Gates, Locks, and Security Should Be Negotiated
If the road crosses private property, the landowner should consider gate, lock, and security provisions.
The agreement should address:
- whether gates will be installed;
- who controls the locks;
- whether the landowner receives access;
- whether contractors may enter;
- whether notice is required;
- and how unauthorized access will be prevented.
A road can become an unwanted access corridor if gate and security issues are not properly handled.
Truck Traffic, Dust, Noise, and Timing
Road use can create practical problems for landowners.
Depending on the property, the agreement should address:
- truck routes;
- hours of operation where negotiable;
- dust control;
- speed limits;
- notice before heavy traffic;
- school bus or residential concerns;
- farm equipment coordination;
- hunting season issues;
- and emergency access.
These issues may be especially important for homes, farms, hunting properties, and recreational land.
Liability and Insurance Are Essential
Roadway use creates risk.
Heavy trucks, contractors, equipment, visitors, and company employees may be traveling across the property. Accidents can happen.
The agreement should include strong indemnification language requiring the company to protect the landowner from claims, injuries, property damage, environmental issues, and other losses arising from company activities.
The company should also maintain appropriate insurance coverage and, where appropriate, name the landowner as an additional insured.
Assignment and Third-Party Use
The landowner should carefully review who may use the road.
The company may want the right to allow use by:
- affiliates;
- contractors;
- subcontractors;
- successors;
- assigns;
- pipeline companies;
- water haulers;
- service companies;
- or other third parties.
That can substantially expand the burden on the property.
The agreement should limit use to specifically defined parties and purposes. If the company wants to assign or share road rights, the landowner should consider whether notice, consent, or additional compensation is required.
Future Facilities and Expanded Use Should Be Limited
A Roadway Agreement should not become a general access agreement for any future project the company may want.
The agreement should identify the specific purpose of the road.
Landowners should avoid language allowing the road to be used for:
- additional well pads;
- future pipelines;
- compressor facilities;
- meter stations;
- storage yards;
- unrelated properties;
- or other future facilities
unless those rights are intended, clearly defined, and properly compensated.
Future use should require future consent and additional compensation where appropriate.
Restoration and Removal
If the road is temporary, the agreement should state when it must be removed and how the land must be restored.
Restoration may include:
- removal of gravel;
- removal of culverts;
- regrading;
- topsoil replacement;
- reseeding;
- erosion repair;
- drainage restoration;
- fence repair;
- and cleanup of debris.
If the road is permanent, the agreement should state who owns it, who maintains it, and what happens if company use ends.
Do Not Sign Based on Verbal Promises
A landman may say:
- “The road will only be used for a short time.”
- “We will fix any damage.”
- “You have to sign.”
- “This is just a standard access agreement.”
- “Everyone else is signing.”
- “The company already has the right.”
Those statements are not enough.
If the issue matters, it should be written into the agreement. The written document controls.
Questions Pennsylvania Landowners Should Ask Before Signing
Before signing a Roadway or Access Road Agreement, landowners should ask:
- Does the company already have access rights under an existing lease?
- Why is the company asking for a new agreement?
- Is the road permanent or temporary?
- Where exactly will the road be located?
- Is a detailed map attached?
- How wide will the road be?
- Will existing driveways or farm lanes be used?
- What compensation is being paid?
- Who pays for maintenance and repairs?
- Are Clean and Green or tax issues addressed?
- Are drainage and erosion protections included?
- Are gates, locks, and security addressed?
- Who may use the road?
- Can the road be used for future facilities?
- What happens when company use ends?
These questions should be answered before signing.
Speak With a Pennsylvania Roadway Agreement Attorney Before Signing
A Roadway or Access Road Agreement can significantly affect Pennsylvania property. It may create permanent or temporary rights, affect taxes, expose the landowner to liability, interfere with farming or residential use, and allow broad company access unless carefully negotiated.
At The Clark Law Firm, PC, Attorney Doug Clark represents Pennsylvania landowners only. He does not represent gas companies and never will.
If you have been asked to sign a Roadway Agreement, Access Road Agreement, Well Pad Agreement, Surface Use Agreement, Damage Release, or related oil and gas document, contact PAGasLeaseAttorney.com before signing.
Frequently Asked Questions About Pennsylvania Roadway and Access Road Agreements:
What is a Roadway Agreement?
A Roadway Agreement is a contract granting a company rights to build, improve, maintain, or use a road across private property.
Can a Roadway Agreement be permanent?
Yes. Some Roadway Agreements grant permanent rights, while others are temporary. The duration should be clearly stated in the agreement.
Can a Roadway Agreement affect Clean and Green status?
It may. Landowners should address rollback taxes, penalties, assessment changes, and other tax consequences before signing.
Should road location be mapped?
Yes. The agreement should include a detailed map or exhibit showing the exact road location and limits of disturbance.
Can a landowner negotiate compensation for an access road?
Yes. Compensation should reflect the full burden of the road, including acreage, duration, traffic, maintenance, damages, and future restrictions.
