Gillespie v. American Zinc & Chemical Co.

Citations

• 247 Pa. 222
• 93 A. 272
• 1915 Pa. LEXIS 811

Syllabus

<p>Real property — Oil leases — Location of wells — Unreasonable. location — Rquity—Injunction—Refusal.</p> <p>1. The lessee under an oil lease is not at liberty to choose locations for the drilling of wells in utter disregard of the rights of the land owner.</p> <p>2. The lessee under an oil lease will not be entitled to the aid of a Court of Equity in the effort to drill wells so located as to impair or destroy improvements upon the land and hinder the owner of the surface in the enjoyment thereof, where there are other locations on the land, where wells could be drilled and operated without inconvenience to the owner, and without impairing the lessee’s chances of producing oil. For whatever injury the lessee may suffer by reason of his inability to drill wells at places which would destroy improvements, he should seek compensation at law.</p>