Replies to This Discussion

Permalink Reply by KAYBABY on September 23, 2009 at 3:11

Send them a copy of the deed with a cover letter. You may want to send certified so you can be sure it was received.

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Permalink Reply by Skip Peel - Mineral Consultant on September 23, 2009 at 3:16

Also record the deed with the parish Clerk of Court.

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Permalink Reply by Mac Davis on September 23, 2009 at 7:19

Wasn't there some legal magic in "certified" vs. "registered?" Which one is right?

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Permalink Reply by ELLIS HUGH on September 23, 2009 at 8:01

If there is no well, an abstract probably hasn't been executed yet for that section. Recording the mineral deed in Parish Clerk of Courts office should suffice.

The change in ownership is probably irrelevant to the 'leasing company' at this point.

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Permalink Reply by The_Baron on September 23, 2009 at 9:36

Depends.

If the lease has a renewal clause or any other type of rental, the leaseing company is under no obligation to update title before paying. However, if the new mineral owners properly notifies the lessee, the lessee then is responsible to the new mineral owner.

from my standard lease:

10. The rights of either party hereunder may be assigned in whole or in part and the provisions hereof shall extend to the heirs, executors, administrators, successors and assigns, but no change or division in ownership of the land, or royalties, however accomplished shall operate to enlarge the obligations or diminish the rights of Lessee. No such change or division in the ownership of the land, or royalties shall be binding upon Lessee for any purpose until such person acquiring any interest has furnished Lessee, at its principal place of business, with a certified copy of the instrument or instruments, constituting his chain of title from the original Lessor. An assignment of this lease, in whole or in part, shall, to the extent of such assignment, relieve and discharge Lessee of any obligations hereunder to Lessor and, if Lessee or assignee of part or parts hereof shall fail to comply with any other provisions of the lease, such default shall not affect this lease insofar as it covers a part of said lands upon which Lessee or any assignee shall comply with the provisions of the lease. In addition, Lessee may at any time and from time to time execute and deliver to lessor or file for record a release or releases of this lease as to any part or all of said land or of any mineral or horizon thereunder, and thereby be relieved of all obligations as to the released acreage or interest.

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Permalink Reply by ELLIS HUGH on September 23, 2009 at 10:27

Good point, thanks.

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