Greenpeace encourages homeowners to sue energy companies for 'fracking' beneath their property

Homeowners could sue companies if they 'frack' for shale gas under their property, environmental campaigners claim.
Energy firms need a landowner's consent before they can drill beneath their land to extract gas. But if they do not get permission they could be liable for trespass under the common law, lawyers warn.
The legal advice is being highlighted by Greenpeace, which is planning legal challenges to the controversial process.
It wants residents living near drilling sites to create a patchwork of 'no go' areas to block any fracking. 
Lawyers say people could receive up to Ј1,000 each for allowing drilling hundreds of feet under their property. 
But if they refuse permission, firms will be forced to seek a compulsory purchase order in the courts or risk being sued.
The legal loophole is being highlighted by Greenpeace, which is calling on residents near potential drill sites to create a patchwork of 'no go' areas to block any fracking.
The controversial process involves drilling a well hundreds or thousands of feet deep, to reach the layer of shale where the gas is trapped. 

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Then engineers turn the drill sideways and bore horizontally for several miles, before blasting chemicals and water to fracture release the gas.
Three years ago, in case that involved the Surrey estate of ex-Harrods owner Mohamed Al-Fayed, the Supreme Court ruled that oil and gas companies could be found in trespass if they did not have the landowners approval to drill under their land.
Lawyer Kate Harrison, of Harrison Grant, said: 'The common law on this is clear. If fracking companies don't seek and receive permission for drilling under people's homes they will be liable for trespass.
'Companies would do well to respect people's rights and not push on with drilling plans where they're not wanted.' 
Greenpeace said a number of residents in areas of potential fracking sites were joining the campaign and would seek to block any schemes by launching legal challenges.



Fracking, seen here, uses a high-pressured mix of water and chemicals to force out reserves from deep layers of rock. Shale gas rose from 2 per cent of U.S. gas production in 2000 to 14 per cent in 2009, and is projected to rise to more than 30 per cent by 2020
'Under English law, if you own land, your rights extend to all the ground beneath it. That means if someone drills under your home without permission it is trespass,' said Greenpeace Senior Campaigner Anna Jones.
'To avoid being liable for trespass, drillers would need landowners' permission. And this case is about people explicitly declaring they do not give that permission. This will make it extremely difficult for companies to move ahead with any horizontal drilling plans.' 
Eve McNamara, a resident who lives near a site in Lancashire said: 'I'm joining the legal block because fracking will be an absolute disaster for Lancashire. I hope sense will prevail and the industry will leave.' 
Until now, no oil or gas firm has had to seek a compulsory purchase order to obtain drilling rights. But they fear anti-fracking groups could start to buy up strips of land around potential drilling sites in a bid to halt operations.



The Department of Energy and Climate Change the ruling will not prevent shale gas exploration in Britain.
A spokesman said: 'This is not a block to shale gas development in the UK. There is flexibility about where to locate a drilling rig to access any oil or gas resources.
'Like any other industrial activity, oil and gas operations will normally require the agreement of the landowners whose land is used. 
'Oil or gas developers will negotiate with landowners as necessary and agree terms for the access they require.'
The UK Onshore Operators Group, which represents the industry, said the announcement was 'extremely misleading'.
A spokesman said: 'In line with the law, operators will inform all landowners in a very clear and transparent manner. Underground working is hardly something that is employed by just the oil and gas industry but includes, pipelines, fibre optics, geothermal energy and transport tunnelling to name but a few.' 


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