# Can the same property be leased twice
**URL:** https://www.mineralrightsforum.com/t/can-the-same-property-be-leased-twice/71380
**Category:** Wetzel County, WV
**Created:** [June 28, 2023, 10:09am UTC](https://www.mineralrightsforum.com/t/can-the-same-property-be-leased-twice/71380 "2023-06-28T10:09:31Z")
**Posts on this page:** 9
**Page:** 1
### Author:  [@tabletalk](https://www.mineralrightsforum.com/u/tabletalk)
#### Post date: [June 28, 2023, 10:09am UTC](https://www.mineralrightsforum.com/t/can-the-same-property-be-leased-twice/71380/1 "2023-06-28T10:09:32Z")
I have an offer to lease from Antero, for a parcel in Wetzel County, Magnolia district. The very same parcel is already under a lease, effective August 2019.
Can this be done? Legally?
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### Author:  [@TODD\_M\_Baker](https://www.mineralrightsforum.com/u/TODD_M_Baker)
#### Post date: [June 28, 2023, 1:02pm UTC](https://www.mineralrightsforum.com/t/can-the-same-property-be-leased-twice/71380/2 "2023-06-28T13:02:34Z")
Yes, it’s called a top lease. When does your August 2019 lease expire?
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### Author:  [@tabletalk](https://www.mineralrightsforum.com/u/tabletalk)
#### Post date: [June 28, 2023, 1:20pm UTC](https://www.mineralrightsforum.com/t/can-the-same-property-be-leased-twice/71380/3 "2023-06-28T13:20:30Z")
Howdy, It’s not my lease. I discovered that someone unrelated to me signed a 5-year lease (with the right to extend each year for 5 more years). It is the same parcel, DB number, and PG number as the lease I received from Antero.
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### Author:  [@tim\_dowd](https://www.mineralrightsforum.com/u/tim_dowd)
#### Post date: [June 29, 2023, 7:31pm UTC](https://www.mineralrightsforum.com/t/can-the-same-property-be-leased-twice/71380/4 "2023-06-29T19:31:01Z")
Different owners can lease their own separate interest. If somebody else has leased, they are only leasing their fractional interest. They have no impact on your fractional interest. So, as long as you (or an ancestor) haven’t signed a recent lease, in all likelihood, you can execute a new lease.
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### Author:  [@TODD\_M\_Baker](https://www.mineralrightsforum.com/u/TODD_M_Baker)
#### Post date: [June 30, 2023, 3:41am UTC](https://www.mineralrightsforum.com/t/can-the-same-property-be-leased-twice/71380/5 "2023-06-30T03:41:41Z")
They should inquire of Antero and see what they think.
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### Author:  [@Lee\_Clark\_Archer](https://www.mineralrightsforum.com/u/Lee_Clark_Archer)
#### Post date: [June 30, 2023, 10:52pm UTC](https://www.mineralrightsforum.com/t/can-the-same-property-be-leased-twice/71380/6 "2023-06-30T22:52:30Z")
I don’t lease anything for more than 3 years. I’ve got some acreage in OK. I leased it for 3 years. I received $32,000 the first time. Then $40,000 the second time. The last time I leased half of it for $24,000. Took a working interest in the other half. Wish I had the money to take the working interest on the whole deal. It paid back in 10 months. I’ve earned three times the profit vs the royalty income. The current working interest net is 10% lower than the royalty. But factor in the growth and dividends from the huge profit during those early years that was invested in stocks, I’m way ahead. Choose wisely.
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### Author:  [@tim\_dowd](https://www.mineralrightsforum.com/u/tim_dowd)
#### Post date: [July 1, 2023, 6:57pm UTC](https://www.mineralrightsforum.com/t/can-the-same-property-be-leased-twice/71380/7 "2023-07-01T18:57:39Z")
That may be good advice. But my point is that if an ancestor leased it for a period of 5 years or so, then the interest is leased until the primary term expires (assuming no production).
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### Author:  [@Lee\_Clark\_Archer](https://www.mineralrightsforum.com/u/Lee_Clark_Archer)
#### Post date: [July 2, 2023, 12:35am UTC](https://www.mineralrightsforum.com/t/can-the-same-property-be-leased-twice/71380/8 "2023-07-02T00:35:11Z")
I was pointing out, don’t sign a five-year lease. Also, spend the money and get an Oil & Gas Attorney to review any new lease before signing it.
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### Author:  [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [September 26, 2023, 10:10am UTC](https://www.mineralrightsforum.com/t/can-the-same-property-be-leased-twice/71380/9 "2023-09-26T10:10:07Z")
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