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Why you should document existing conditions before drilling begins

On Behalf of | Jul 17, 2024 | Gas And Mineral Law

Oil and gas development can bring benefits, but it is important to protect your property throughout the process. One crucial step is documenting your property’s condition before any drilling activity starts. This helps establish a baseline and strengthens potential claims if any damage occurs later on.

Why is documentation important?

Imagine this: an oil and gas company begins drilling operations on your property. Months later, you discover cracks in your house’s foundation and your well water has turned murky. Without prior documentation, it can be difficult to prove that the drilling activities caused these issues.

Thorough documentation creates a record of your property’s condition before any activity takes place. This record is vital when negotiating with oil and gas companies about responsibility for potential damages.

What should you document?

When documenting your property, it is important to be as thorough as possible. Here are three key things to include:

  • Photos and videos: Take clear photos and videos of your entire property, paying close attention to existing structures, water wells, fences, roads and any unique features. Do not forget to document the condition of the surrounding vegetation and land, if any.
  • Written descriptions: Supplement your visuals with detailed descriptions of the condition of each item. For example, note any existing cracks in a foundation or the clarity and taste of your well water.
  • Third-party reports: Consider hiring professionals to conduct surveys and assessments. A surveyor can create an accurate property boundary map, while an environmental consultant can assess pre-existing soil and water conditions.

Having these objective records can be influential if you end up in a dispute later on.

Protecting your rights

Documenting the state of your property is a good step toward protecting your rights as an owner. It is important to remember that every situation is unique, and the specific steps you need to take may vary. Consulting with an experienced oil and gas attorney can provide valuable guidance tailored to your specific needs.

Remember, once drilling starts, it becomes almost impossible to separate pre-existing issues from any potential damage caused by the oil and gas operations. A small investment in preventative measures now can save you from potential hardships in the future.