Time Limit on Request to Release Lease - GoHaynesvilleShale.com2024-03-29T08:12:46Zhttps://gohaynesvilleshale.com/forum/topics/time-limit-on-request-to?commentId=2117179%3AComment%3A1496509&feed=yes&xn_auth=no
LEGISLATIVE DEVELOPMENTS In…tag:gohaynesvilleshale.com,2012-12-07:2117179:Comment:27850642012-12-07T01:37:56.200ZJameshttps://gohaynesvilleshale.com/profile/James49
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<p>LEGISLATIVE DEVELOPMENTS<br></br> In 1981 the Louisiana Legislature amended the Mineral Code2 in<br></br> one significant aspect. Articles 206 and 207 provided a procedure for<br></br> a lessor or landowner to demand a recordable release of an expired<br></br> lease or other mineral right, with damages and attorney's fees the<br></br> consequence for failure to provide the release.' These articles were<br></br> amended to provide as follows:<br></br> S 206. Obligation of owner of expired mineral right to…</p>
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<p>LEGISLATIVE DEVELOPMENTS<br/> In 1981 the Louisiana Legislature amended the Mineral Code2 in<br/> one significant aspect. Articles 206 and 207 provided a procedure for<br/> a lessor or landowner to demand a recordable release of an expired<br/> lease or other mineral right, with damages and attorney's fees the<br/> consequence for failure to provide the release.' These articles were<br/> amended to provide as follows:<br/> S 206. Obligation of owner of expired mineral right to furnish<br/> recordable act evidencing extinction or expiration of right; mineral<br/> lease.<br/> A. Except as provided in Paragraph B of this Article, when<br/> a mineral right is extinguished by the accrual of liberative<br/> prescription, expiration of its term, or otherwise, the former owner<br/> shall, within thirty days after written demand by the person in<br/> whose favor the right has been extinguished or terminated, furnish<br/> him with a recordable act evidencing the extinction or expiration<br/> of the right.</p> $50 !?! I want your lawyer! N…tag:gohaynesvilleshale.com,2010-10-01:2117179:Comment:15869132010-10-01T18:27:38.188ZHenryhttps://gohaynesvilleshale.com/profile/Henry48
$50 !?! I want your lawyer! Nice story.
$50 !?! I want your lawyer! Nice story. Thanks for all of the contrib…tag:gohaynesvilleshale.com,2010-10-01:2117179:Comment:15868512010-10-01T17:19:50.131ZLorea Cobbhttps://gohaynesvilleshale.com/profile/LoreaCobb
Thanks for all of the contributions on this discussion. My purpose in starting the discussion was to learn about the process at the end of a lease. We did read our lease thoroughly and there was no mention in it about the leasing company notifying us at the end of the lease. It was our decision to contact an attorney to write and send the certified letter requesting the release. We thought that this would be the smart thing to do. It would provide us, the leasing company and any landman…
Thanks for all of the contributions on this discussion. My purpose in starting the discussion was to learn about the process at the end of a lease. We did read our lease thoroughly and there was no mention in it about the leasing company notifying us at the end of the lease. It was our decision to contact an attorney to write and send the certified letter requesting the release. We thought that this would be the smart thing to do. It would provide us, the leasing company and any landman researching our section with a clear sign that the land was not tied up. If there had been a problem with the lease, the leasing company would have caught that fact when we presented the request for the release and notified us. Since we have the release, we know that the leasing company agrees with us that particular lease is over, with no problems at a later date.<br />
The bill for this was $50. To have this issue resolved: priceless!! LOL Henry--- As The_Baron likes t…tag:gohaynesvilleshale.com,2010-09-30:2117179:Comment:15847182010-09-30T14:01:11.291Zadubuhttps://gohaynesvilleshale.com/profile/adubu
Henry--- As The_Baron likes to say this is " giving me a headache" and I like you I'm out of this discussion :)
Henry--- As The_Baron likes to say this is " giving me a headache" and I like you I'm out of this discussion :) At least wouldn't that serve…tag:gohaynesvilleshale.com,2010-09-30:2117179:Comment:15846152010-09-30T12:14:46.793ZP.G.https://gohaynesvilleshale.com/profile/PG
At least wouldn't that serve as notice that the land may be available to a probing landman? Granted, a release would be best but if the lessor can't motivate the lessee to release it...
At least wouldn't that serve as notice that the land may be available to a probing landman? Granted, a release would be best but if the lessor can't motivate the lessee to release it... I think (?) I'm in agreement…tag:gohaynesvilleshale.com,2010-09-30:2117179:Comment:15845542010-09-30T10:17:49.906ZHenryhttps://gohaynesvilleshale.com/profile/Henry48
I think (?) I'm in agreement with everyone here. My only original point was that it is sad, if the system is such that I need to hire an attorney to write a letter to "encourage" a lessee to write a release letter in a timely manner.<br />
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I agree with adubu -- mountain out of a mole hill.<br />
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Ii agree with skip -- if you have a significant amount of acreage, don't try to do it yourself on anything truly important and/or complicated.<br />
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I'm out of this discussion.
I think (?) I'm in agreement with everyone here. My only original point was that it is sad, if the system is such that I need to hire an attorney to write a letter to "encourage" a lessee to write a release letter in a timely manner.<br />
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I agree with adubu -- mountain out of a mole hill.<br />
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Ii agree with skip -- if you have a significant amount of acreage, don't try to do it yourself on anything truly important and/or complicated.<br />
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I'm out of this discussion. adubu, you and all the other…tag:gohaynesvilleshale.com,2010-09-30:2117179:Comment:15843792010-09-30T01:47:32.226ZSkip Peel - Mineral Consultanthttps://gohaynesvilleshale.com/profile/ilandman
adubu, you and all the other members may make up your own minds as to the relevance of the topic and comments. My points are these: Conception of simplicity regarding the act of filing a release is up to the lessor. The potential value of the asset and the pace of leasing in an area may be a consideration. Any lessor who wishes to rely on the good graces of the lessee to file and <u>do so in a timely fashion</u> may do so. Relying on a "good landman" is like playing roulet. If you choose to do…
adubu, you and all the other members may make up your own minds as to the relevance of the topic and comments. My points are these: Conception of simplicity regarding the act of filing a release is up to the lessor. The potential value of the asset and the pace of leasing in an area may be a consideration. Any lessor who wishes to rely on the good graces of the lessee to file and <u>do so in a timely fashion</u> may do so. Relying on a "good landman" is like playing roulet. If you choose to do so, so be it. skip and henry--- IMO you are…tag:gohaynesvilleshale.com,2010-09-30:2117179:Comment:15843502010-09-30T01:22:17.572Zadubuhttps://gohaynesvilleshale.com/profile/adubu
skip and henry--- IMO you are making a mountain out of a mole hill with something so simply as obtaining a written release on a lease that has expired. If lease has expired a honest operator has no reason not to sent you a sign release to file for record for they have no reason not to. The only reason to get it and file it is so it will be easier for landsman to find your minerals available to lease if in a area of interest. A good landman will find you anyway with or without release filed for…
skip and henry--- IMO you are making a mountain out of a mole hill with something so simply as obtaining a written release on a lease that has expired. If lease has expired a honest operator has no reason not to sent you a sign release to file for record for they have no reason not to. The only reason to get it and file it is so it will be easier for landsman to find your minerals available to lease if in a area of interest. A good landman will find you anyway with or without release filed for he will pull your lease at court house and read it. If you want to get attorney to send letter if they do not response to your letter asking for sign release after 30 or so days and no reply to phone call then if it makes you sleep better then pay the lawyer for his time to send a letter for you. I agree with what the attorney John Brewster above said. Henry, it depends on the valu…tag:gohaynesvilleshale.com,2010-09-30:2117179:Comment:15843332010-09-30T01:09:29.306ZSkip Peel - Mineral Consultanthttps://gohaynesvilleshale.com/profile/ilandman
Henry, it depends on the value of your mineral estate. Doing it on the cheap with considerable due diligence may turn out to be sufficient. I don't fault anyone for taking that path. However, it is my business to advise paying clients with valuable assets how best to protect those assets. Much of the "do-it-yourself" advise passed out here on GHS tends to give readers the impression that that advise is a definitive answer to their question(s). IMO, that advise is factually accurate about 50% of…
Henry, it depends on the value of your mineral estate. Doing it on the cheap with considerable due diligence may turn out to be sufficient. I don't fault anyone for taking that path. However, it is my business to advise paying clients with valuable assets how best to protect those assets. Much of the "do-it-yourself" advise passed out here on GHS tends to give readers the impression that that advise is a definitive answer to their question(s). IMO, that advise is factually accurate about 50% of the time. Too many tune in for a short period to ask a specific question and then think they have the answer without having invested the time to judge the experience of the respondents. I appreciate the desire to help and to share knowledge gained on the site but too many laymen provide less than accurate responses. I have had communications with more than a few GHS members who found out that the advise they acted upon was flawed. Unfortunately there is no definitive means to determine whose advise is "correct", other than the ability and experience of the member seeking the information to form an opinion by actively participating in our discussions. An appropriate demand letter…tag:gohaynesvilleshale.com,2010-09-30:2117179:Comment:15843202010-09-30T01:02:54.781ZJohn Brewsterhttps://gohaynesvilleshale.com/profile/JohnBrewster
An appropriate demand letter will suffice. You shouldn't expect to need to enforce it. Legitimate operators customarily file releases when asked to do so. Moreover, a lawyer who compels his client to litigate to "back something up" is irresponsible and undesirable. Such action would not be cost justified unless the leasehold is substantial and extremely valuable, or unless you had another party who could not lease until a release was obtained. Only those circumstances would justify anything…
An appropriate demand letter will suffice. You shouldn't expect to need to enforce it. Legitimate operators customarily file releases when asked to do so. Moreover, a lawyer who compels his client to litigate to "back something up" is irresponsible and undesirable. Such action would not be cost justified unless the leasehold is substantial and extremely valuable, or unless you had another party who could not lease until a release was obtained. Only those circumstances would justify anything more than a letter and followup encouragement.<br />
John