Notarizing O&G Leases

I have been advised that a lease has to be notarized by a notary from the county for which the lease is written.  If not, the lease is void.  Does anyone have any knowledge on this subject???

 

Praying for a Miracle

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3uq96odaochmjPermalink Reply by 3uq96odaochmj on December 12, 2011 at 4:58am

Under Pennsylvania Notarial Law, O/G Leases can only be executed by a Notary that witnesses the Lessors signature.  The mass lease acquisition companies (Duncan, Tri-energy, etc.) employ contract landmen that come from who knows where and are not Pennsylvania Notaries.  They go out and lease, and come into the office once a week or every two weeks to drop of the leases.  Then someone who is a notary, goes and notarizes all the leases without every witnessing the execution/signature of the Lessor.

Legally, does the company have a valid lease?  Probably not.  Contact a Attorney if you have doubts.

Permalink Reply by Jack Straw on December 12, 2011 at 5:28am

Essentially all Attorneys have staff that are also Notaries.

My opinion would be that the lease/signatures should be notarized in your Attorney's office; after (and only after) your attorney has studied and approved the language of the lease.

All in my humble opinion.

One size fits most.

 

JS

0l1a6laz7smpfPermalink Reply by 0l1a6laz7smpf on December 12, 2011 at 7:52am

Interesting discussion point Rebecca,

My dad signed the contract without a notary on that page..but thee was a separate acknowledgement page (which states in Pennsylvania on its heading)...that was signed by my dad but in another state and states that it covers the 'foregoing instrument' assuming they mean the entire contract and addendum.   I hadn't noticed before that the acknowledgement for the oil company has been left bland though this is a recorded copy.

If there isn't any responsibility under state law for the Lessee to sign and notarize and even in the same state then i guess it doesn't matter....but if it does, then the Lessee has left it blank.

Again thank you for bringing this up to our attention.   I suppose if it is in error or void we hope we don't have to return monies but maybe we could re-write the lease and make it better and proper.

0l1a6laz7smpfPermalink Reply by 0l1a6laz7smpf on December 12, 2011 at 8:31am

Rebecca, pls have a look at the paragraph about notarizing leases at the below link...(now that is Ohio rules...I have yet to find rules for pa. for lessee signing...as the lease I have is unsigned by the lessee and no notary and is already recorded in the county records as such...unless they mailed one separately.

http://w***********/Article.aspx?ID=128

 

here is a link to a pdf file that states requirements in Pa.

http://docs.google.com/viewer?a=v&q=cache:UA0ReoLcz9QJ:www.babs...

 

 

Permalink Reply by Granny Clampet on December 12, 2011 at 9:29am

My real question is for the state of PA, does the notary that notarizes the lease have to be from the same county the Lessor is from.  We have a notarized lease for a Mercer County property which was notarized by an Allegheny County notary at our premises in Mercer County.

Permalink Reply by Schnoozie on December 12, 2011 at 9:42am

Rebecca, I called to the Notary office in Pgh. since I also have land in Mercer. This stuff is making me nervous.

She said, Any PA notary can wittness a lease in any county in PA. So I am guessing if your dad signed his lease in Mercer and the Notary was from Allegheny, Washinton, Greene, Lawrence etc. it is ok.

 

0l1a6laz7smpfPermalink Reply by 0l1a6laz7smpf on December 12, 2011 at 10:01am

Rebecca, our lease was signed by the Lessor with a notary in another state other than Pa. for property in Pa.   But with your discussion here...I am finding that no 'memorandum of lease' was done (not even recorded) and there is no signature from the lessee on the paperwork that was recorded.   I am in hope that we can re-negotiate this poorly worded lease and hope there is something we can do with what you have brought up today.  what I need to find out is if the Lessee has to sign and have notary and recorded (and if notary has to be in state of Pa.)...should I call a notary in the county of Pa. where the land is?

Permalink Reply by Granny Clampet on December 12, 2011 at 9:30am

Any ideas of who I might contact in Harrisburg to clarify this question/law??

0l1a6laz7smpfPermalink Reply by 0l1a6laz7smpf on December 12, 2011 at 10:26am

thank you for that info Betty...I will call them about my question.   i did find this link about Pa. statutes...but there is probably an online pa. statute list...just need to find that on google search.

http://government.westlaw.com/linkedslice/default.asp?SP=PAC-1000

2s72s0k9mm8gdPermalink Reply by 2s72s0k9mm8gd on December 12, 2011 at 10:26am

I think you will find that all landmen are licensed notaries since they all witness your signature.

Check the notary seals on your lease copy.

My now defunct lease from 2006 with Great Lakes (now Range) was notarized with the landman's seal.

Permalink Reply by Schnoozie on December 12, 2011 at 10:38am

What made your lease defunct?? What is that??

2s72s0k9mm8gdPermalink Reply by 2s72s0k9mm8gd on December 12, 2011 at 10:45am

It expired without any activity. I got lucky because the renewal clause was stricken by my landman at signing and the company never so much as cut a twig on my place. Not all landmen are evil!

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