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Permalink Reply by The_Baron on April 9, 2010 at 8:26

He is saying that the minerals will prescribe before the lease expires.

The lease will terminate on prescription. if that occurs.

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Permalink Reply by The_Baron on April 9, 2010 at 8:29

unless of course the lease has an after aquire title clause.

§144. After-acquired title clause may bind lessor and successors in title

A mineral lease may provide that a mineral right that terminates during the existence of the lease and becomes owned by the lessor or his successor in title shall be subject to the lease. If the lease is filed for registry, the provision is binding on all subsequent owners of the land or mineral rights leased.

Acts 1974, No. 50, §144, eff. Jan. 1, 1975.

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Permalink Reply by Henry on April 9, 2010 at 10:38

Baron,
The original lease reads: "The rights of either party....shall extend to heirs, executors, administrators, successors and assigns..."

Is someone who acquires the land via prescription considered a successor or assign?

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Permalink Reply by Mac Davis on April 9, 2010 at 8:52

Never mind, I misread. I thought the surface owner signed the lease. He said the mineral interest owner signed the lease.

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