Replies to This Discussion

Permalink Reply by Chris on December 21, 2014 at 8:38am

Ray,

There is nothing forcing anyone to sign a lease for $1 and you can already ask for a 6 month lease if you want. Sounds like you want socialism where the government dictates everything. Better yet why not have the government take ownership of all the minerals so they can straight up negotiate the leases and use the money for the benefit of everyone.

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Permalink Reply by Bill Bergseid on December 19, 2014 at 4:17pm

The law in most states is the same.  There are only two reasons for an acknowledgement (notarization).  It is required in almost all states in order to record the document with the county clerk or recorder.  It also saves some effort getting the document accepted as evidence in a court case.  That's it.  If a document is not acknowledged (Notarized) it has no effect on the validity of the agreement between the parties.  If one party doesn't comply the other party can sue for breach of contract.  However, if the instrument is not acknowledged, the attorney will have to establish a foundation to get the document admitted in court.

Those who argue that the agreement (lease or whatever) is invalid because of lack of a proper acknowledgment will lose that argument.

Contrary to what most, including notaries, believe, the acknowledgement does not require that the instrument be signed in front of the notary.  If you read the certificate of acknowledgement it states that the notary is certifying that the person named "acknowledged" that it is his/her signature on the document.   Many notaries are not aware of what the certificate of acknowledgement actually states, so that they require the document to actually be signed in the notary's presence.

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Permalink Reply by RAY RATELL on December 20, 2014 at 4:00am

Ok I see, But the judges will take any signed document that has both signatures on it. and it does not have to be notarized, and it can have xxx's all over it and they will still say it is a lease, Believe me I know first hand. I am not lawyer with license, but I am learning my info the hard way, I look at lawyers today as wolves looking for little red ridding hood. to eat there wallets like paper shredders.

the state laws can stop all this crap with oil and gas, all they have to do is copy texas laws and then add 100 more to propert the people.

I am telling you 12% or even 20% of a well is garbage, they oil man could not make a dime with out your property. if all property was covered so the oil man had to pay 30% min to the land owner. then the usa would have a lot more people like Saudi's have. the oil companies make billions from land owners that should be millionares, and those land owners will spend that money and pay taxes, where the oil companies will never be taxed.

I would like some feed back on what I am saying just to see how many people out there are getting screwed by the oil companies.

waiting for some replies.

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Permalink Reply by jb379 on December 24, 2014 at 2:27am

Ray,

With all due respect, you talk about the oil man not making a dime without our properties.  Unless we as landowners are willing to shell out significant amounts of money and assume all of the risk involved, we need those companies who do have the money and are willing to assume the risk.  It sure seems like there are plenty of duds we don't hear about that are drilled for every well is the windfall that we all can only hope for.  The us vs them mentality will never lead to a healthy partnership with any company and unless you are willing to pony up to drill your own wells, I am afraid it is a mentality that will likely only lead to further disappointment.  Probably not the feedback you were hoping for but feedback nonetheless.  Have yourself a Merry Christmas. 

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Permalink Reply by LERRET on December 19, 2014 at 4:34pm

I would rather people actually READ and UNDERSTAND what they are signing rather than worry about how to kill a bad lease by trying to wiggle out of it....There are people who give good advise...use it.

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Permalink Reply by RAY RATELL on December 20, 2014 at 4:06am

you must be a lawyer or never had a oil well with a bad lease. I love the way people talk about use a lawyer to spend you money

if there was laws on the books you would not have to worry about lawyers.

like I said before more lawyers in the usa than all the world. 

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