landowner

DESCRIPTION OF LAND IN LEASE WRONG

We have been contacted by landman saying description on land that was leased is wrong. The well is drilled (waiting on completion according to sonris). He wants us to sign a corrected description with two witnesses. Question: Since this is a terrible lease $100 an acre and 1/8th royalty- Is the lease with incorrect description binding? I'm assuming it isn't since they asked us to sign a corrected lease and can we re-lease or remain unleased if not binding?

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Oil & Gas ProPermalink Reply by Two Dogs, Pirate on August 21, 2011 at 11:48
The lease probably has a Mother Hubbard clause saying that they are leasing everything you own in the section wether described properly or not.

landownerPermalink Reply by waltcop on August 21, 2011 at 16:21

If there is a Mother Hubbard clause in the lease and additional minerals are found by leasor, leasee or noted in the Division Order which were not included in the lease for calculating the bonus payment, is the leasee required to pay the leasor additional bonus money and at the same rate as the original bonus rate?  If not, can the leasor/mineral owner lease the minerals for which they did not receive a bonus payment?  Does the leasor/mineral owner have an option?


Oil & Gas ProPermalink Reply by Two Dogs, Pirate on August 21, 2011 at 16:42
I would say to pay the bonus if underpaid. I would not want to work for a company that would short change a lessor of their bonus money.
Permalink Reply by billy on August 21, 2011 at 14:05
At the height of leasing back in 09 the same thing happened to me.  I did not sign partly because of the way they conducted business in the first place.  I did end up getting considerably more but, our royalty was already 25% that stayed the same.  Good luck.

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