Landnews

ROW License Needed as an In House Landman

  • 1.  ROW License Needed as an In House Landman

    Posted 18 days ago
    All,

     I recently heard that if you are working in-house as a right of way agent, you do not need the TREC ROW License. Is this true?

    I have done some independent research and cannot find a true answer. I thought maybe you guys could help me with this question.

    Thanks for your help in advance.

    -Justin

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    Justin Brim
    Venado Oil & Gas, LLC
    San Antonio TX
    (432) 528-8836
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  • 2.  RE: ROW License Needed as an In House Landman

    Posted 17 days ago
    If the company has a TREC license you can work under that. I worked for an independent mid stream company, they didn't have that so I had to get my individual license.

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    Cody Quillin RPL
    Independent
    Brownwood TX
    (325) 234-1451
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  • 3.  RE: ROW License Needed as an In House Landman

    Posted 16 days ago
    Edited by Billy Lemons 16 days ago
    Cody,

    It sounds like you were working as an independent contractor assisting your client midstream pipeline company acquire easement/R-O-W for its own use (or one of its subsidiaries). In that case, you are correct that you were required to have an Individual ERW Registration. If you, your own business entity, contracted to your midstream pipeline client company was an LLC or corporation, then both you as an Individual and your Business had to have their respective Registrations. Also, in either case, if you were actually sub-contracted to a brokerage that was contracted to the midstream pipeline company client, then the brokerage was required to have a Registration, too. In that case, if the brokerage was a sole proprietorship, then the sole proprietor broker was required to have an Individual ERW Registration. If the brokerage was an LLC or corporation, then both an officer or manager and the brokerage LLC or corporation was required to have their respective Registrations.

    Billy

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    Billy K. Lemons
    Pres. / Principal Consultant
    Resource Analytical & Management Group, LLC
    Mailing: P.O. Box 632400
    Nacogdoches, Texas 75963-2400
    Email: billy.k.lemons@resourceanalytical.com
    844.936.2400 Ext. 1101 Office

    https://ResourceAnalytical.com
    ------------------------------



  • 4.  RE: ROW License Needed as an In House Landman

    Posted 17 days ago
    Justin, 
    i have been in that position and yes you do need the TREC Certificate (it is not a license).
    The company you work for also needs a certificate, and they need to get theirs before you can get yours. They just want the money. 

    Good Luck 
    Bill Strickland


    WILLIAM B. STRICKLAND,
    Professional Landman, AAPL
    PH     713-823-9988
     
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  • 5.  RE: ROW License Needed as an In House Landman

    Posted 16 days ago
    Bill,

    I respectfully disagree. An individual employee and/or an individual independent contractor gets their ERW Registration totally independent of and from any registration of their employer or client or anyone else. In Texas, ERW Registrations are not like Real Estate Licenses in Texas which require sponsorship of an employer or broker. In other words, the company does not need to get theirs before you can get yours.

    This is not to be confused with the requirement for an independent contractor LLC or corporation to have a Designated Agent officer or manager of the LLC or corporation who is registered as an Individual ERW Registrant.

    Billy

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    Billy K. Lemons
    Pres. / Principal Consultant
    Resource Analytical & Management Group, LLC
    Mailing: P.O. Box 632400
    Nacogdoches, Texas 75963-2400
    Email: billy.k.lemons@resourceanalytical.com
    844.936.2400 Ext. 1101 Office

    https://ResourceAnalytical.com
    ------------------------------



  • 6.  RE: ROW License Needed as an In House Landman

    Posted 17 days ago
    Justin,

    My firm does quite a bit of easement/R-O-W work representing land and mineral owners and providing other easement/R-O-W-related consulting services on their side of the business. Over the years, both I and others have had lots of questions similar to yours. After running into so many situations in which our counterparts appeared to be in violation of the law in this regard, and after hearing so many of them spout so much erroneous gossip about what was and was not legally required of them, and after getting so little help from TREC, I finally got fed up with it. So then, in November, 2011, I bit the bullet, took off work for about three days, buried myself in the Texas Real Estate License Act, especially Subchapter K, which covers easement/R-O-W registration (Texas Occupations Code Section 1101, Subchapter K, The Real Estate License Act), gave it a thorough, literal reading from start to finish about three times, and wrote a very lengthy (13 pages) formal letter to TREC seeking their formal answers to a long list of precisely-worded questions, including a question similar to yours. I wrote it in such a way so as to cover almost any question anyone could have about these licensing and registration requirements in Texas. To ensure that I got a complete and thorough response from TREC, my state senator also sent a letter to TREC providing copy of my letter and requesting that they give attention to my letter. With my state senator's help, I did receive straightforward Yes and No answers to all of my questions. The answers were provided by the then-current general counsel of TREC.

    Do not in any way depend on what I tell you. Depend only on what you and/or your legal counsel are told by TREC and the statutes, themselves, and then only in writing. But I will show you the courtesy of telling you what I believe to be the answer to your question according to very specific formal questions I asked and the very specific formal answers I received from TREC.

    Also, this is for Texas, only.

    If you are officially a W-2 "employee" of the company, not an independent contractor, and not even an independent contractor working in-house, and are buying easement/R-O-W for your employer's use, not for one of your employer's clients, then you are not required to have an ERW Registration.

    If you are officially an independent contractor business contracted to the company, not an "employee," and your own independent contractor business entity is a sole proprietorship, you are required to have an Individual ERW Registration. This is true even if you are situated in-house.

    If you are officially an independent contractor business contracted to the company, not an "employee," and your own independent contractor business entity is an LLC or a corporation, you are required to have an Individual ERW Registration, and your business entity is required to have a Business ERW Registration. Both you and your business are required to be registered separately. Such a business entity is required to have an officer who has an Individual ERW Registration to serve as its Designated Agent.

    If the company you are working for is selling, buying, leasing or transferring an easement or right-of-way for another, for compensation or with the expectation of receiving compensation, for use in connection with telecommunication, utility, railroad, or pipeline service, for example providing brokerage services, then both you (as an employee, independent contractor, and/or independent contractor business) and the company you are working for are all required to have Individual and/or Business ERW Registrations.

    I say again, depend only on the information you get directly from the horse's mouth, that being the statutes and TREC's formal interpretation of them.

    Hope this helps.

    ------------------------------
    Billy K. Lemons
    Pres. / Principal Consultant
    Resource Analytical & Management Group, LLC
    Mailing: P.O. Box 632400
    Nacogdoches, Texas 75963-2400
    Email: billy.k.lemons@resourceanalytical.com
    844.936.2400 Ext. 1101 Office

    https://ResourceAnalytical.com
    ------------------------------