Roadway or Access Road Agreements are powerful legal contracts that a Landowner must not enter into without experienced legal counsel. One of the biggest mistakes Pennsylvania Landowners are currently making is to simply sign company presented boilerplate Roadway Agreements. Roadway Agreements may result in loss of Clean and Green status. Do not sign a Roadway Easement Agreement without contacting an experienced Oil and Gas Attorney.
Gas and pipeline company Landmen are approaching Landowners to sign company drafted boilerplate Roadway or Access Road Agreements. Roadway Agreements may be permanent or temporary and commonly provide the company far more rights than to simply install a single roadway.
Permanent Roadway Agreements grant the gas or pipeline company permanent roadway easement rights for up to the lifetime of the property. Temporary Roadway Agreements are for shorter durations, but must contain clear termination language defining when the Roadway Agreement ends.
Permanent Roadway Agreements are often presented by gas companies for the construction and installation of a well site access road or access to other drilling related facilities. Pipeline companies present Permanent Roadway Agreements to access permanent above ground or below ground pipeline facilities within the pipeline right-of-way.
Gas and pipeline companies also present Temporary Roadway Agreements to access areas of operations during construction and installation of pipeline and related facilities. Temporary Roadway Agreements must have a well-defined timeframe for the termination of the easement and reclamation of the roadway area. Landowners must understand the purpose, duration, and potential negative tax consequence of any Roadway or Access Road Agreement.
Many Landowners are making the major mistake of simply signing Roadway Agreements mistakenly believing that they have no ability to negotiate these powerful contracts. Other Landowners simply sign quickly based on the Landman’s promises of future riches. Landmen commonly misrepresent the Landowner’s rights and negotiation
leverage when presenting Roadway Agreements. Remember, do not simply take the gas or pipeline company Landman’s word. The Landman works for the gas or pipeline company and not for you.
In many cases Landowners have the absolute ability to refuse a proposed Roadway Agreement or negotiate compensation, location, size and many other very important terms.
However, unfortunately most Landowners do not understand their options and fail to take advantage of their ability to refuse or negotiate Roadway and Access Road Agreements. Signing Roadway Agreements without understanding your options and ability to refuse or negotiate the Roadway Agreement is one of the biggest mistakes landowner’s are currently making. Do not sign any Roadway or Access Road Agreement without consulting with an experienced oil and gas attorney.
A skilled attorney negotiates Roadway and Access Road Agreements to eliminate personal liability, maximize financial compensation and damages, define roadway size and location, define termination timeframes, and require detailed reclamation and much more.
Attorney Doug Clark is Pennsylvania’s Landowner Lawyer and has successfully negotiated many Roadway Agreements with various gas and pipeline companies across Pennsylvania and he can help you. Contact us today!
