On October 10, 2007 I signed a lease with Company A. It was for 2 years ending on October 10, 2009.
Then in August 2008 Company B top leased the Company A lease. The only reference to the top lease is at the top where is says "Paid Up Oil and Gas Top Lease." Other than that it says it shall remain in force for a term of 3 years. Which would end the lease in August 2011.
An actual top lease would begin in October 2009 and end in October 2012.
Strange thing, my attorney at the time didn't catch this!
Therefore where do I stand? I know Company B intended for this to be a top lease but they never mentioned any specifics of a top lease in the top lease. So I'm thinking it will end on August 2011 freeing me up to top lease again.
I will be letting my attorney take a look but until then, has anyone else experienced something like this?
Thanks,
Terry