Two months ago we signed a Lease Agreement and as of today have not received payment. Yesterday the Landman called and requested a copy of my Mother’s Probated Will along with a copy of the Warranty Deed which was recorded when she passed away 10 years ago. We are the registered owners of the surface rights. Is this unusual to ask for so long after we signed the Lease? Do you think we will ever get paid? What should we do next? Thank you!
They won't pay until you have proven ownership and the Probated Will should let you have the Deed transfered to you and registered at your county court house......
We did all that 10 years ago and the company leasing it still wants us to jump thru hoops!
It sounds as though they are trying to shift the burden to you. There should be recordings from the probate and deed that the lessee can obtain for themselves. Recordings ARE public notice, in essence, you have already provided the information they are asking for. Maybe they are just lazy. I would also consider recording a statement of non-payment, it would cloud THEIR title to your minerals.
Cyndy:
Mr. Kennedy makes a very good point. IMO, these people are using this "title search" tool as a way to hold the lease without paying for it. The longer they hold you under lease without paying for it, the more money they save or the more money they have to spend on more leases. It is a little late now; but, for the benefit of others that might be reading this, I would suggest that no one should ever sign a lease outside of an attorney's office where the lease can be held until money is in hand or at a minimum a commitment letter that officially dies at the end of a certain period, not to exceed 30 days.