Expired lease release

Looking for advice on how to expedite obtaining an expired lease release. We have been attempting since October 2015 and call weekly, but have been given one excuse after another, with no results.. Is there a magic trick we do not know about to obtain???

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Permalink Reply by Barry D on March 18, 2016 at 4:49am

Linda,

Have you sent a request in writing via certified mail with return receipt request?

If not, this may be your best course of action. You may want to consult an attorney since you will need to perform some follow up actions (Recording of a Non-Performance Affidavit or other documents).

Permalink Reply by Barry D on March 18, 2016 at 4:50am

Linda,

Also, just curious as to the types of excuses given.

Permalink Reply by Linda Jenks on March 18, 2016 at 6:08am
The excuse for today, a lot of people are on vacation today.. Yesterday the rep seemed very sympathetic to my cause and said she would attempt to have the assigned analyst contact me by end of day.. Nothing. Last week was that they would send my request for urgency to the assigned analyst. When I asked to be forwarded to the assigned analyst, she is unable to do that. When I request to talk to a supervisor or manager, unable to do that... They must be getting to the end of the list of excuses to use. I have started calling daily, maybe they will get red of hearing from me.

Thanks for your advise on the certified mail. will certainly try that.
Permalink Reply by Barry D on March 18, 2016 at 10:05am

Linda,

Hope you read the PA release law provided by Frank. Your answer is in there.

Follow the procedure provided in the document and you should be ok.

You might want to have an attorney prepare the notice and the Affidavit of Termination.

All in all it looks as if you follow the procedure you will have a release in about 60 days.

But notice that if mailed it must be certified mail.

Hope all goes well

Permalink Reply by Linda Jenks on March 18, 2016 at 10:22am
Thanks everyone for great advice. Thankful to be a member of this forum..
Permalink Reply by Frank Walker on March 18, 2016 at 7:00am

Linda

Like so many other posters here, on a multi-state forum, you fail to tell us in which state this matter is taking place.  I'm not at liberty to be that careless, but I want to try to help anyway.  So I'll offer this on chance you are in PA, with the warning to those in other states that is will avail you nothing whatsoever in those other states.

Signed into PA law by Governor Corbett, near to the end of his service, was legislation dealing with the precise matter about which you are posting.  In PA the gas companies must release leases timely, else you have actions available to you, under law, to obtain resolution.  Most gas companies, since that new law, have been providing release paperwork expeditiously.  However, if the gas company thinks you are unaware of the law, they might take liberties since they believe they are not at risk unless you know the law.  Here is a reference to the PA law:

PA release law

Incidentally, if you happen to be in Ohio I did run across this, which might be of interest:

Law is different in Ohio

And if you're in WV . . sorry . . I do not have the answer for WV.

ETA

FWIW, and I'm commenting here strictly from memory because it has been a while since I looked at this, but anyway FWIW my best recollection is that the Ohio law is significantly more landowner friendly than the PA law.

 

Permalink Reply by Linda Jenks on March 18, 2016 at 7:41am
We are in Pa, and I will follow up on this. Thank you such for this input and the link. Hesse posts have given me some positive energy after months of frustration.
Permalink Reply by Frank Walker on March 18, 2016 at 8:08am

No problemo.  Always happy to be of service.  Good luck.

Permalink Reply by jason on March 18, 2016 at 8:01am

I live in Ohio and leased with Chesapeake 5 years ago. My lease will expire in one month. Should one wait until the lease is expired or is it possible to get the ball rolling early? Any advice would be appreciated.

Permalink Reply by Frank Walker on March 18, 2016 at 8:28am

Jason

If you contact CHK in advance, and if they have overlooked your situation, then your contacting them could bring an unwanted outcome.  Let sleeping dogs lie.

Once the lease actually expires then YOU are in control, not them.  There are instances where a gas company has delivered a bulldozer to land where the lease was within a few days of expiration, then claimed the lease was HBP because "operations" were underway.  Of course that went to court, the gas company kept escalating the matter to higher and higher courts on appeal, and the landowner ran out of money to pay counsel and had to give up.  Fools rush in where wise men . . . . etc..  You have waited five years.  You can wait just a tiny bit longer.

Permalink Reply by jason on March 18, 2016 at 8:34am

Thank you Frank

Permalink Reply by Frank Walker on March 18, 2016 at 8:37am

Sure.  Remember, that was only MHO.  Others might disagree.

Good luck.

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