Replies to This Discussion

Permalink Reply by Two Dogs, Pirate on July 24, 2010 at 7:10

The sellers.

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Permalink Reply by Spring Branch,mineral owner on July 24, 2010 at 7:13

Very interesting, but I'm not sure I understand why you say that. Mineral buyers will make sure no harm comes to sellers even if it means encouraging the wife to ratify the lease, and buyers ratifying it along with her.

Permalink Reply by adubu on July 24, 2010 at 7:27

Two Dogs--the seller is valid if both sign the sell at closure--the only question is about the lease being valid or not and that problem is Lessee not the owner of the minerals problem. The lessee is one to get it ratified or they don't have a valid lease. The owner has clear title assuming sellers had clear title to sell the minerals ,he can go lease to another operator or lessee need to work out new lease with new owner.

Permalink Reply by Two Dogs, Pirate on July 24, 2010 at 7:30

I am a Louisiana Landman so I am not up to par on Texas stuff but from this thread it appears these people are old and sick. The landman looked at it one way, the mineral buyer looked at it another way. What was the intent of the old sick folks? There are some in the royalty buying biz that are untrustworthy, the same thing can be said for some landmen. All documents involved in these transactions need to be reviewed by an oil & gas attorney.

Permalink Reply by adubu on July 24, 2010 at 9:43

Hardage--yes correct the minerals are leased and new owner is lessor subject to the lease but still the question on the table is if the lease is valid or not since it was not signed by both sponses at time of original lease and still has not been ratified by the unsigned spouse. It would still be in COG best interest to get it ratifed I would think.

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Permalink Reply by adubu on July 24, 2010 at 10:06

Hardage-- the buyer (new owner of minerals) doesnot have a problem per say since he has title to minerals the only question is about the lease that was acquire with the mineral-- is it a valid lease or not. The Lessee needs to find answer this question and they have good legal staff to answer and if needs ratification it is their problem to get it done other wise new owner has option to lease it to he desires. If as you said since both signed the sell of minerals that may trump the others need for ratification and therefore lease transferred fully validated and all this for nothing other than educational and COG has good lease and needs to do nothing their legal staff I sure will or has advised leasing department of facts to do nothing or go get it ratified. Assuming they have been informed of sell of minerals.

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Permalink Reply by adubu on July 24, 2010 at 10:23

Hardage-- since they both sign the sell of community property that trumps prior signing of lease by only one of spouses and doesnot need ratification is that what you are saying the "after acquired" title or documents does? Bottom line new owner lives with present lease--yes

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Permalink Reply by adubu on July 24, 2010 at 13:02

Hardage--then this answers SBs' question on topic of discussion--so case closed if what you say is correct--good info education continues

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Permalink Reply by Two Dogs, Pirate on July 24, 2010 at 13:32

Adubu, the lease would have been valid for the 1/2 interest or whatever interest the husband had. What if the wife had run off with another man and had not been seen since. Does this prevent the husband from leasing his interest?

Permalink Reply by adubu on July 24, 2010 at 14:15

Hardage-- Based on your statement above a question--if you leased undivided minerals you owe in a tract and later you buy unleased minerals from another party in same tract after the date you sign lease can not you separate these minerals out of the lease if you notify Lessee or does lessee now have these minerals in the lease with just "Thank You" for extra minerals net acres or does lessee at least have to pay you bonus money on the net per acre acquired? If you separated them out as separate minerals could you lease to another operator or new lease with better terms with present Lessee?

Permalink Reply by adubu on July 24, 2010 at 16:05

Hardage I ask a question above about acquiring undivided minerals in same tract after signing lease. I think I will start new discussion topic on main page to discuss so answer under it and we will get on this topic thread.

Permalink Reply by Spring Branch,mineral owner on July 24, 2010 at 13:03

Thanks for everyone's help and input on this thread. It was very educational and proves that more heads are better than one. The mineral buyers are not going to be crying , because even though the lease is pretty weak, it is 1/4 royalty. Now they just need a good producing Haynesville or Bossier well. I have been told that Cabot will not be drilling Haynesville wells in Texas and instead have reached an agreement with another Company to drill and operate their wells. I'm guessing either EOG or XTO. Would anyone on the web site happen to know? Have you heard anything Jfree?

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