I now completely own some inherited property that was leased in 2007. The 3 year period is coming up in Feb. 2010, and there is a clause saying that the company can extend the lease for 2 more years is they choose to pay $100. p/acre. I had to sign the original lease because in 2007 I only owned the surface and my relative reserved the mineral rights for life. The minerals now belong to me. There has not been any drilling or activity near the property. I would like to know if the lease company can still pay the $100 and extend the lease for two more years?

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Yes. You are subject to the validly executed lease.
thanks parker for the info.
max
I wonder how many leasing companies are taking advantage of their options as they come due?
Seems like a company would not spend the money if it didn't look like drilling might be taking place in that section before the 2 year extension ran out.
For a $100/ acre, you better believe they will extend.
Baron,
I know of some leases that got extended for only $35/acre. Ouch!
I can tell you that both Cabot and Southwestern have taken 'FULL' advantage of their rights to the lease extensions on my family's current leased properties. Up to and including taking over leases from other company's. Case in point, the family has two holdings at County line in Shelby/San Augustine counties that butt to one another, one is a 526 acre tract and is leased for $45/acre on the extension after the first four year expired... the other, leased back in April-May 2008 went for $2200/acre on a set three year term for 540 acres. Both of these leases was executed by the same company and landman. As you see while we made out on one, we took it in the shorts on the other on the bonus monies.... of course, if they do come in on either, the established royalty agreement will pay off in spades and make all the bonus monies a mute point.

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