Replies to This Discussion

Permalink Reply by Henry on August 11, 2010 at 23:40

Wooley,
I cannot help you, but as a caution to others.... Always, whether on a OGML or pipeline ROW contract, write in a clause that if the lease (or ROW) is sold/assigned to another party, the lessee/grantee must notify you, in writing, within 90 days. Also put in a clause that when the lease (or ROW) terminates, the lessee (or grantee) will write a release, give you a copy, and file the release in the appropriate land records office for that parish/county.

• ▶ Reply

Permalink Reply by Skip Peel - Mineral Consultant on August 12, 2010 at 1:26

The correct term is "assigned". Call your lessee and ask. Or go to the parish Clerk of Court's office and search for an assignment in the public records. No matter which company holds the lease, they must abide by the terms.

• ▶ Reply

Permalink Reply by Mac Davis on August 12, 2010 at 15:20

I have recollection that someone said you can send a certain kind of notice to the address on file for the lease, and if they don't answer, there's a process to escrow the lease with the state or some such.

• ▶ Reply

Permalink Reply by George Cox on August 12, 2010 at 16:32

Thank you all for responding and I will try the Clerk of Court's office next week.

• ▶ Reply

Permalink Reply by The_Baron on August 13, 2010 at 4:55

save a trip and contact your original lessee. They will probally be able to tell you, or call the landman that leased you.

Even if the lease is assigned, The assignee or sublessor is bound by any notice or demand sent to the original lessee, UNLESS the lessor has been given written notice of the assignment or sublease AND the assignment or sublease has been recorded.

IF the above two conditions of notice and an recording have taken place, then all subsequnt notices must be made on the assignee.

• ▶ Reply

Permalink Reply by The_Baron on August 13, 2010 at 4:56

I have recollection that someone said you can send a certain kind of notice to the address on file for the lease, and if they don't answer, there's a process to escrow the lease with the state or some such

What?

• ▶ Reply

Permalink Reply by Mac Davis on August 13, 2010 at 7:08

Someone posted something here about that. I obviously don't remember the details.

Something to the effect that there was process where you sent a legal notice by certified (registered?) mail to the mailing address on file for the lease at the courthouse. If the mail was undeliverable, or if it went unanswered(?), there was some process for some state agency to take "ownership" of the lease and hold the payments until the leaseholder responds.

Hey, it's a vague recollection of something someone said on the internet. It MUST be true.

The big point of what I remember is that, in theory, there was some legal process to find the leaseholder.

• ▶ Reply

Permalink Reply by The_Baron on August 13, 2010 at 7:33

YOu may be turned around. If the lessor is unable to be located the royalties are escrowed by the operator for a certain period. after which the monies are turned over to the State's unclaimed property division.

• ▶ Reply

Permalink Reply by Mac Davis on August 13, 2010 at 8:41

No, I clearly have a vague recollection of something some anonymous person may or may not have said on some thread I can't locate on the internet. It must be true.

• ▶ Reply

Permalink Reply by ledlights on August 13, 2010 at 14:01

Mac - LOL - I agree - in that case it does absolutely have to be 100% true.

• ▶ Reply

Permalink Reply by George Cox on August 13, 2010 at 14:29

Well if it is or if it aint I am a gona find out somepin next week . I'm mona be
unemployed all week and I aint doin all those honey do's. Thanks again for
the direction,after you posted it ,I slaped my head and said "DUH", I knew that. It just wasn't clickin in my head , must be da heat.

• ▶ Reply