What happens if spouse's name and signature are left off a Oil & Gas Lease?
What happens if, through a series of transactions, minerals which were once seperate property become community property and the landman hired by the Oil and Gas company apparently misses it? The lease was signed by only one spouse a year ago and that name is the only one that appears on the lease. In the meantime the minerals were sold to a third party who discovers the error. Would an undivided 1/2 of the minerals be unleased? It would seem the buyer would be able to count on the public record.
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Replies to This Discussion
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Permalink Reply by Kat Bloomfield on
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Sorry. Thought you knew what MIPA was. H posted this link in another topic entitled unleased mineral owners in texas: it may or may not help you, but worth a look
http://www.oilandgaslawyerblog.com/2009/12/pooled-units-and-unlease...
p.s. I've spoken with McFarland; he's sharp.
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Permalink Reply by Spring Branch,mineral owner on
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Thanks again, KAT. Mighty nice of you and Jfree and Hardage , and even you, adubu!
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Permalink Reply by adubu on
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SB---Did the one spouse sell the minerals to 3rd party which then the lease would go with the minerals as is but if only one spouse signed was the sell valid? are you saying that only undivided 1/2 of minerals was sold and the other spouse still owes their 1/2 of minerals and the one spouse did sell their 1/2 and the sell is valid sell? If one spouse did not sign lease then I would thing unless they verified lease it is not validated and operator has problem on the complete acrage in lease not just 1/2. The mineral sell by one spouse is different problem and that spouse simply sold their 1/2 undivided minerals and the other spouse still owns their 1/2 undivided interest--yes----what a mess---I could see how something like this could happen if couple where divorced, but then should have separate deeds--but if community property think both would have to sign or all these transaction are invalid from begining. Was the minerals sold or did the Lesses just flip (sell)the lease to COG?
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Permalink Reply by Spring Branch,mineral owner on
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Would a fair and reasonable offer to pool in this case be tantamount to a fair and reasonable offer to lease? Lessor owned the minerals from the 1960's. In 1960's husband sold the undivided i/2 interest that he owned as seperate property. (He had previously sold the other 1/2 mineral interest.) About a year later the husband and wife bought the 1/2 mineral interest back and both names were on the deed and there was no mention of it being Seperate property on the deed. Somehow the Company's leasing agent must have missed this sale and purchase back when running the records. Many years later (last year) the company leasing agent leased the property from the husband as seperate property, with only his name and signature on the lease. The couple is quite old and in poor health, but not so old that they weren't able to drive a hard bargain on the sale of those minerals!
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Permalink Reply by Spring Branch,mineral owner on
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I'm not questioning the mineral deed.....I know it is valid. I'm questioning whether the wife's acreage is leased, and if not, would it be appropriate for the new mineral owner to offer to lease the wife's 1/2 minerals to the company that leased the husband's 1/2. There is no interest in holding anybody up, but an improvement on a lousy lease wouldn't hurt the new mineral owner's feelings.
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Permalink Reply by adubu on
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If I was the buyer I would not offer the wife anything because unless she ratifies the lease it is not valid in Texas. The new owner could look for new lease and notify COG and see what they offer for new lease--if they want their lease to stay valid they are the one to get wife to sign ratification by offering addition bonus money for her to sign it. If I was the buyer and it in hot spot I would shop for new lease and hope the spouse does not ratify it, but COG will get it signed when they tell them take addition bonus or return all prior bonus money.
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Permalink Reply by Spring Branch,mineral owner on
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In Louisiana mineral buyers can pretty much rely on the public record. Though this case is in Texas, it seems strange that the mineral buyer can't rely on the public record. Minerals were bought and price was paid on the basis that only 1/2 of the acreage was leased. Seems strange that AFTER they no longer own the minerals, the wife could sign a ratification which has the same effect as leasing minerals she no longer owns.
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Permalink Reply by jffree1 on
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I may be wrong but I would think that maybe both the wife AND the new owner(s) could be asked to ratify? Comments would be appreciated,
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Permalink Reply by Two Dogs, Pirate on -
Did they sell all the minerals in the mineral deed?
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Permalink Reply by Spring Branch,mineral owner on
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yes
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Permalink Reply by Two Dogs, Pirate on
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They need to go see a lawyer the first thing Monday morning.
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Permalink Reply by Spring Branch,mineral owner on
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Are you referring to the buyer or the sellers? The lease bonus was a small fraction of what the minerals were sold for. Believe me, they don't want the mineral sale to go away.
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