How to determine if a lease has been executed in undivided land

Oil and Gas Leasing Help
1

My family has an undivided interest in Dimmit County Texas where much activity is happening. How would I go about finding out if the land has been leased and someone with an interest in the land has received a lease bonus?

2

Hi Mr. Theis, I’d check with the County Clerk first. They can let you know over the phone even.

Best of Luck!

Ralpr

3

Thank you Ralpr. So you’re saying the county clerk’s office would have a record of leases for a particular property, assuming they were filed with the county. Do all such leases HAVE to be filed with the county clerk’s office?

4

In order to provide the public with constructive notice, the lease must be filed of record in the county where the property is located. Not recording the lease does not invalidate it per se, but without constructive notice, a third party could potentially lease the land (which had already been leased previously), file the lease of record and it would become the valid lease. Of course, the landowner could face some legal action from the first lessee.

Keith Theis said:

Thank you Ralpr. So you're saying the county clerk's office would have a record of leases for a particular property, assuming they were filed with the county. Do all such leases HAVE to be filed with the county clerk's office?
5

You’re welcome Mr. Theis. Ideally the County Clerk should have recorded mineral deeds - and also knowledge of drilling &/or operating wells. But as you are alluding to, it is entirely possible there may be O&G leases not recorded - the County Clerk may be able to tell you a company that has leases for the area, and go from there. The surface owner would know, too. Also reference the Texas Railroad Commission website - it has info. on wells & dry holes & companies. In my case, I called the County Clerk and she FAXed me info. on leases from 25 years ago - we had no clue about. I’d start with the County Clerk - it cost about $35 well worth it! A Best of Luck! Leases are supposed to be recorded, but the company will claim proprietary reasons - and the lessor/lessee will have all sorts of excuses

Ralpr

Keith Theis said:

Thank you Ralpr. So you’re saying the county clerk’s office would have a record of leases for a particular property, assuming they were filed with the county. Do all such leases HAVE to be filed with the county clerk’s office?