I need some help with this one. We are leased with one co. & another is operator. Operator did Division Order Sept. 2011 & had a mistake in our acreage. I contacted operator's attorney & showed him his mistake. HE admitted his error. That co. corrected this to co. we are leased with who was undergoing a conversion in their computer system. Long story short, analysts from both companies assured us our payments would get to us eventually & they did last Dec. for all back pay. Spring forward Sept. 2013, no check. Contacted co. we are leased with who has now been bought by lg. co. I have had ONE email from them saying they are working on the glitch. Legal question: Based on past litigation precedents, I think we can demand to be released from our lease. Anyone dealt with this?
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I've just now had a chance to read this thread, but wanted to post that kittycatmama's persistence is a great quality in this situations. In this relationship of Lessor / Lessee, and especially re: royalty payments, you get treated how you allow yourself to be treated. So it is good to see owners watching their interest and keeping everyone honest and accurate.
Of course I am in the camp that says to always seek an attorney's help, but that is because I handle enough demands each month to know that sometimes its best to put them on notice while invoking the consequences of their inaction set forth in 31:137, et seq. (I would also recommend R. Davidson, especially if litigation is imminent).
kittycatmama mentioned some recoveries she has helped make, so there is a lot of progress to be had by just paying attention and addressing any errors through proper letters and persistence. If that fails, then I guess its on the company when a group of owners is sitting in your lobby.
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AboutAs exciting as this is, we know that we have a responsibility to do this thing correctly. After all, we want the farm to remain a place where the family can gather for another 80 years and beyond. This site was born out of these desires. Before we started this site, googling "shale' brought up little information. Certainly nothing that was useful as we negotiated a lease. Read More |
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