individual 1 leases their 30 mineral acres to an oil company. One year later individual 1 receives a copy of the oil company attorney's title opinion which states individual 2 owns 15 mineral acres in that same tract that are not leased of record. Individual 1 then files an old quit claim deed he forgot to file where individual 2 quit claims all their interest in that same tract to individual 1. Question, does oil company have to pay a lease bonus to individual 1 who now owns those unleased 15 mineral acres? Does oil company need to lease those 15 mineral acres or are all of individual 1's minerals covered in that first lease no matter if he now owns more that were never leased or could he negotiate another lease on those 15 acres that were never leased? The minerals are in North Dakota, all of the other minerals in the spacing unit have been leased and re-leased by same oil company, no pooling done or planned, they haven't drilled yet either but are preparing to.
It depends on the wording in the lease.
The lease is a common Producers 88 paid-up lease.
Most oil companies use redraftable drafts and it seems like if it depends on the wording in the lease then companies wouldn't need to pay on all minerals you owned when they lease, once they get the signed lease back they could redraft and pay whatever they want, they could just pay you $1 but have a lease covering everything you have, there has to be more to it than that or everyone could get suckered.
I think recording the acres after the first lease means that those acres are yet unleased. Somewhere you must have something with the net mineral acres they were to lease. They just didnt know how much you owned and didn't lease all of it. Had you bought them after the first lease they wouldn't be leased, right ?