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Permalink Reply by The_Baron on April 14, 2010 at 3:21

In a "race state" the only thing that matters is the date an instrument is recorded. IT DOES NOT MATTER WHAT THE DATE IS ON THE INSTRUMENT.

The public record would show this:

Leases recorded => Deed Recorded, thus the deed is subject to the lease.

I do not have any knowledge of disclosure laws in TX, but I feel you may have some recourse against the former owner. However, I would be suprised if any judge would invalidate the lease.

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Permalink Reply by adubu on April 13, 2010 at 14:48

How many acres of land?

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Permalink Reply by Ron Jon on April 14, 2010 at 4:50

Texas is a notice state. Texas statute is designed to protect bona fide or inocent purchaser for value from third party claims were they do not have actual or constructive notice.
In the circumstance given above, I’d say you, as the buyer, are a bona fide purchaser for value and you have indicated that you did not have notice. Therefore, I’d say you are protected from third party (O&G Co.) claims. You do have a duty of inquiry but I would think the title opinion would suffice but I don’t know.
In short, I'd say the O&G company needs another lease or at least a ratification.

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