Replies to This Discussion

Permalink Reply by Michael Antrim on November 16, 2009 at 6:50am

I would think so. If you rent a house, all parties sign leases. Lease is a contact. If there are no signatures on it, how is the lease executed. Can anyone else comment in.
Does your lease have any signatures? Here is a great question back. If no signatures how can it be recorded on the deed and title.

Permalink Reply by daniel cohen on November 16, 2009 at 8:49am

So, Mike & Ruby, if I've got this straight then on the deed the company signs, even though the copy of the lease from the landsman would only have the owners signature and the landsman witnessing it.
Dan

Permalink Reply by daniel cohen on November 16, 2009 at 10:02am

We're talking about 2 different documents-a lease and a deed. My initial question was about the lease that the landowner and landsman exchange, with their signatures on the lease. That lease. presumably on behalf of the oil company, is actually a witnessed document(signed by the landowner and witnessed by the landsman/notary) but has not yet been attached to any deed. If I understand you correctly, you are saying that somewhere down the road the oil company representative will sign the lease and append it to the deed. Further, if I get it right, you're also saying that payment will constitute the acceptance of the oil company. Should I expect that after the deed is ammended and signed, that a new copy of the completed lease ( with a company rep signature) will be sent to the landowner?

Permalink Reply by daniel cohen on November 16, 2009 at 11:17am

Actually this is more of an academic inquiry rather than a specific issue. My wife asked me about it, and I didn't know the answer, so I reached out to those more knowledgeable than me about it. Your responses have helped, although I don't think we've gotten a definitive take on it yet. I do appreciate what you've shared so far. Am I correct in assuming that if mineral right are assigned, that there will be something added to the deed to so signify? Would that require a re-recording of the deed as well?

Permalink Reply by daniel cohen on November 17, 2009 at 4:32am

Very interesting. So how does the gas company prove it's right to access your mineral rights? There would have to be some legal document to so state-if not by deed, then how do they protect themselves?

Permalink Reply by Michael Antrim on November 17, 2009 at 8:54am

Some of the old Leases are a mess and not properly executed. It is up to the gas company to supply an actual executed leased signed by both parties. Some people can fight with gas company if they can not supply you with an actual fully executed lease. I know someone who faught this and won. The gas comapny never executed the lease. This leaves out the teeth of the lease on both sides. Environmental issues come up, how do you push back on Gas company.
My friend had title company remove the lease from title for no proof of lease executed by all parties. Gas company did not fight it. they were not active in his area.

Contract law - contacts are to be executed by both parties to make it binding. It is an argument that can be made. It makes sense.
Going to court - there is > 60% chance you win.