In 1972, the Krenzes purchase the surface estate that covers six surveyed sections—sections 9, 10, 14, 15, 22, and 23. The dispute arises over XTG's construction and operation of a gas pipeline across the Krenzes' land in section 15 and XTO's use of the Krenzes' private road in section 15 and other land to access a well in section 23. The Krenzes granted XTO's predecessor in interest an easement authorizing construction of a gas pipeline in the north half of section 9. Under that easement, an east-west pipeline was constructed to collect gas from other pipelines connected to wells in the area. Thereafter, the Krenzes execute another pipeline easement with XTO's predecessor in interest, authorizing construction and operation of "pipelines" across parts of the Krenzes' land in sections 9, 10, and 15. Thereafter, XTO drills three wells in section 21, collectively referred to by the parties as the Southern Wells, and constructs a north-south pipeline from those three wells through state owned land in section 16 and the Krenzes' land in section 9 to the east-west pipeline in the north half of section 9. Thereafter, the Krenzes and XTO execute a surface damage agreement for roads, authorizing XTO to use the Krenzes' roads and lands to access XTO's "oil and gas properties" and "wellsites for conducting oil and gas operations, production and transportation." The agreement states the location of the Krenzes' private roads that can be used by XTO, which locations are more particularly described on an attached map.
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