We signed on very early, like 6 years ago, finding out now we really got a bad bad lease. Is there anything now we can do????
thanks
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Kit
You've taken the first step in solving any problem, looking for an answer.
The Bible quote "Seek And Ye Shall Find" has always served me well, even though I don't remember the context in which it was used, I assume it was written for each of us to solve our problems.
Take a look at your lease, paragraph by paragraph and try to understand what it says. Those paragraphs you understand, you can compare to what your producer has done vs what the lease said they would do.
In any bad lease there is a clause that says that if the producer doesn't follow the lease, which most don't intend to do, you have to identify what they failed to do and tell them by certified mail. They then have 30 or 45 days to correct what they are doing wrong or ignore you altogether which is like saying "Sue me".
After you notify your producer and don't get a good response, then take you lease to a lawyer and explain your issue, and allow him to look for a loop hole to break your lease.
I've never failed to find a flaw in the plans of those who have tried to deceive. I have to assume they think they are brilliant so they unknowingly leave loose ends that a tenacious person can find and use to unravel their plan.
Your lease has a primary and secondary term. Check the length of each and find out if the Secondary Term was entered without the required payment per the lease or meeting conditions of production, drilling, etc.
Remember, the O&G company didn't buy your mineral rights, they leased them. If they fail to follow the lease then you can terminate it. Most O&G companies assume that the landowner doesn't read the lease.
By reading and understanding your lease you can help your lawyer terminate the lease. Doing nothing is what your producer is counting on, so get busy and bust his chops.
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