Does an oil and gas lease have to be notarized to be legal in Oklahoma?
In my experiences, all oil and gas leases are notarized. It is one way that the lessee is assured that a notary has verified the identity of the signing lessor and the lessor is bound to its agreement. The lease or a memorandum of lease needs to be notarized to be filed in county deed records. The recorded lease or memorandum provides notice to the general public that the minerals are under lease. In Texas, people talk about the race to the courthouse as the first lessee to file establishes its superior leasehold rights. Do you have a specific concern about signing before a notary?
Technically, no. The lease (or deed or mortgage) is valid between the mineral owner and lessee if it is not notarized. The notary notarizes the acknowledgement.
Oklahoma law explicitly states that acknowledgment is not necessary for the validity of a lease between the parties. Title 16 Okl.St.Ann. § 15 provides that “no acknowledgment or recording shall be necessary to the validity of any deed, mortgage, or contract relating to real estate as between the parties thereto” (16 Okl.St.Ann. § 15). This statutory provision confirms that an oil and gas lease can be effective between the lessor and lessee even if it lacks acknowledgment.