Replies to This Discussion

Permalink Reply by Aubrey C. Sanders, Jr. on August 6, 2010 at 5:44

Most leases do not require there to be production in order for lease to remain in effect. I have never seen one which did contain such language. If no drilling has commenced on your land, or any land with which it has been unitized then the lease should have lapsed based on information you gave. If drilling is in progress before lease expiration that will cause lease to remain in effect so long as there are continuous efforts to establish production.

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Permalink Reply by Skip Peel - Mineral Consultant on August 6, 2010 at 6:13

Lorea, you are the "lessor". The company is the "lessee". If there has been no activity such as Aubrey suggests in his response above, you need to send a certified letter specifically requesting the filing of a release.

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Permalink Reply by adubu on August 6, 2010 at 6:51

Skip--after certified request is sent then what time frame or limit does Lessee have to file release?

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Permalink Reply by The_Baron on August 6, 2010 at 8:04

To my knowledge there is no time frame set by law. Look to your lease, there may be somthing set forth there.

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Permalink Reply by Skip Peel - Mineral Consultant on August 6, 2010 at 13:54

adubu, if I hadn't heard from the lessee in 10 business days I'd see an O&G attorney about filing one for me.

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Permalink Reply by benny688 on August 6, 2010 at 14:25

Yes- read your lease- my last two on the Haynesville give them 30 months after which they will either have to renew the lease or forfeit . If they forfeit it shouldn't require any action on my part.

GLTA

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Permalink Reply by Mac Davis on August 7, 2010 at 4:10

Months or days? 30 months sounds a little strange, but 30 days sort of makes sense.

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Permalink Reply by benny688 on August 17, 2010 at 15:29

We must be talking about different lease provisions. My 30 month leases come under the "promise to drill" in 30 months or forfeit the leases and renegotiate.

I would never expect to start drilling in 30 days, but like to keep my options open to move on after 30 months.

My holdings are in Harrison county so lease provisions may be quite different from what you can get across the street in Louisiana.

GLTA

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Permalink Reply by adubu on August 17, 2010 at 15:46

Steve--they are talking about a lease that has run 3 years and has expired. The Lessee should file a release of the lease in the county clerks record office so any one looking thru records would know these minerals are available to lease. Not all lessee do this unless you request same.

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Permalink Reply by benny688 on August 18, 2010 at 14:42

Thanks for the tip about the possibility of needing to file a release- kind of like putting up a "for sale" sign.
My leases are written so that if the lessee doesn't contact me before the expiration date they simply expire and I can release to anyone I want to. The lessee already knows that the lease has expired so I don't need to send them registered letters or anything like that,

Glad I paid a mineral attorney to handle the HK leases. It will be interesting to see what happens when they expire April/2011.

Permalink Reply by Spring Branch,mineral owner on August 7, 2010 at 4:50

30 months makes no sense at all.

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Permalink Reply by Mac Davis on August 7, 2010 at 6:47

Unless it's trying to sneak 30 months by you by trying to make you think it's 30 days = 1 month.

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