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Neither the landman nor his employer are a party to the agreement. And this wasn't an instance where a landowner signed "on the spot", without any negotiation. This is a step up from what East used to do, have the landowners sign and then take a batch of leases to a cooperative notary.
I think leases should have a short "cooling off" period. The gascos might lose a few leases, but it would be a good PR move.
Exactly, Ann. What Josie described was clearly playing fast and lose with the rules. To witness a signature, a person has to be in the room to witness the signing in real time. But a notary witnesses a signature, not a document. Notarization does not make a document legal, it only proves that a signature is genuine. I did find a reference, though, that a document could be already signed when presented to the notary, provided the notary had satisfactory evidence of identity. But, I don't think that would be common anymore. A second type of notary function is to administer an oath that the signer takes attesting that a statement is true. But, once again, it is the signature being notarized and not the document. The notary is not attesting to the truth or legality of the document, only that the signer took an oath that it was. Bottom line, in the cases of the gas lease or buying a car, they are simply witnessing a signature, not declaring a contract legal or valid.
Congrats to Lynn for signing a lease and hopes that she doesn't have to split too much with the ex.
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