We have a lease that the holder did not renew after the primary term. I have sent a demand letter asking that they file a release of these minerals with the county clerk; however, they are not responding. What should be my next course of action, follow-up letter, legal counsel?
These minerals are in Colorado.
Does your lease specifically require the lessee to file a release?
No it does not.
Jordan Murray said:
Does your lease specifically require the lessee to file a release?
When the lease specifically says the lease expires at midnight on whatever date then why does landowner have to do ANYTHING? Our leases are specific that if lease is not extended by payment by whatever date then the lease is NOT extended and is open for a new lease with whatever company. That happened to us this month and I am contacting companies that are drilling in our county. Am I out of order??
Rob Bailey said:
No it does not.
Jordan Murray said:
Does your lease specifically require the lessee to file a release?
Without seeing your leases, I would say that both of your leases have expired by their own terms. The Lessee is not required to file a release, and you are free to lease your mineral to whomever wants to offer you a lease.
Tom, it couldn’t hurt to send your lessee a certified letter requesting a release, but that’s about as far as you could take action. You could also file an affidavit stating that the lease is expired by its own terms and no bonuses or royalties have been paid to extend the terms of the lease.