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Permalink Reply by Checkmateking on July 29, 2009 at 9:05

They own your lease. No re-negotiation.

So your saying you didn't recieve a check for 2 years and 364 days? Interesting, don't cash it, let's see what our local experts have to say.

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Permalink Reply by The_Baron on July 29, 2009 at 9:59

1) leases can be assigned (sold). Unless your lease requires (and it probally doesn't) notice or approval, this can be done at any time without you knowing. the lease and ALL provisions remain.

2)I'm confused: "issued a check on the last day of the original 3 yr. contract with intent to complete" Please explain.

do you mean they sent you a check to extend the lease per terms in the lease?????? If so, the lease has been leaglly extended. The extension takes effect if you cash your check or not.

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Permalink Reply by Mac Davis on July 29, 2009 at 10:23

Baron, would I be correct that:

1) The extension would only be valid if the original lease specified that it could be extended at the option of the leasing company.

2) If the first lease doesn't specify that the lease can be extended at the option of the leasing company, don't cash the check, unless you do want to extend.

3) Does it matter when the check is written, or when the letter is postmarked? or if it's sent by registered/certified mail?

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Permalink Reply by The_Baron on July 29, 2009 at 10:31

1) extensions are only valid if its in the original lease. If not a new document stateing that the lease has been extended will need to be signed, and recorded to be legal.

2) I do not believe that the check alone would extend the lease. There may be some other type of implied contract, I don't know, I am not a lawyer.

3) Depends on the wording of the lease. But generally, check date is not important, anyone can (and probally has) backdated a check. First class mail is adequte. Personally I use certfied or Fed EX, just to be safe from the "i never got it" routine. Postmark is all that counts. if you don't pick it up or refuse delivery, you still are bound by the lease because a good faith effort was made by the lessee. Also, if you fail to update a changed address its also your problem, as it is the lessors job to notify of any address changes.

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Permalink Reply by Mac Davis on July 31, 2009 at 8:40

2) I've heard of lots of scams where someone sends you a check, but the check has some conditions written on it, such as sending an elderly person a check that looks like a royalty payment, but is actually a purchase agreement for all their mineral rights. I don't know how legal such contracts on a check are.

I'm thinking the check would have a notation such as "extend lease for 1332 Main St. for 3 years."

3) If you don't do the registered/certified mail bit, it seems a smart lessor would simply say "What check?" or "I didn't keep the envelope, but it wasn't postmarked before the end of the lease."

IANAL

I've always wondered about registered/certified mail. How often does the recipient lie and say, "Yes, I got a certified letter, but this document is not the document that was in the envelope. The only thing that was in my envelope was a letter with the names of people to contact at Dewey, Cheatham, and Howe if I had any questions about my mineral rights." Or someone sends a certified letter that says one thing, but then produces a different document and claims it's what they sent.

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Permalink Reply by K E on July 31, 2009 at 5:23

Thank all of you so much. Answers my question.

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