HAS ANYONE HAD A RELATIVE BLINDSIGHTED AND HAD THEM SIGN CONTRACT AS SOLE TENANT WHEN IN FACT IT WAS JOINT TENANT??
Dear Ms. Jones,
Do you mean Joint Tenants with rights of survivorship or Tenants in Common? Tenants in Common is the more common of the two in many states.
My first impression is that the tenant who executed the contract could not bind your interest. I would recommend that you contact the parties to the contract and find out what is going on.
NO JOINT TENANT...AND IT WS NEVER DISCLOSED THIS WAS BEING DONE.... BLINDSIDED...REVEALED AFTER MONTHS ,CALLED LEASING CO GUY ON DEFENSE AND NERVOUS... MAY SEEK LAWYER
As Buddy Cotton noted, it all depends on whether there is any record title in your name or whether all title is in your relative, whether individually or as trustee on behalf of you and others. Oil company is entitled to rely on deed records. If you have record title, then oil company needs to lease from you. If all title is in relative , then you may need to collect your share from him. You should collect deed record history in both your name and in relative's name to take to attorney for review. Cheaper than having attorney pull the records. Consult an oil and gas title attorney familiar with the state where minerals are located. Good luck.
joint tenant...joint title joint deed ... hence illegal,cause for leasing guy to be on defense
It is not illegal for one joint tenant or owner of an undivided interest to sign an oil and gas lease. He can only lease his share of minerals. Other owner (s) can sign separate leases with the same or another company. Sometimes a company will lease one or more owners and then walk away before signing others. If the lessor is your spouse or if your signature was forged, then other legal issues arise depending on state law. Or if there is a producing well and you have clear title and are not being paid, then you should contact oil company about disputed interest and ask about title opinion. There are many factors. You should send written letters or email to have written response. You should take all relevant documents and correspondence to a title attorney who can advise you. It all depends on the language in your deed and the lease and all surrounding facts. No one can advise you without seeing all relevant materials.
why was the leasing guy so nervous??? the lease states sole a nd separate
Not sure why the leasing guy would have been nervous, or even if he was nervous at all. But the reason the co-tenant's lease said "sole and separate property" was to indicate that the co-tenant's spouse owned no interest in the property, i.e., that it was the separate property of the co-tenant, and not community property. While the 1/2 interest owned by your co-tenant is in fact their sole and separate property, it's still only a 1/2 interest, and that's all that any lease that person executes can cover, because that is all that person owns.
That said...the lease signed by your co-tenant does not (and cannot) bind your interest. That person cannot lease your interest (the other undivided 1/2 interest) to anyone, because that is your property. If I understand the facts correctly here, it appears that your 1/2 interest is still unleased.
I don't believe anything illegal has occurred here. You might ask the leasing agent when they will get around to submitting an offer to lease to you, since you own the other undivided 1/2 interest in the tract.
first it is a joint tenant the whole land was leased unknown to the other tenant its not marriage its siblings he was nervous and on the defensive ..i was just asking questions he lied at every turn if there was no reason to then why didnt he say all you have to do is this??? other tenant passed away tht is how we came to know about it
The joint tenant who leased passed away? If so, you (or your joint tenant) own the deceased tenant's share, along with the other joint tenants. However, a joint tenant has full rights to execute a lease on his/her share w/o notice to the other joint tenants. The only difference between cotenants (tenants-in-common) and joint tenants is the right of survivorship created in a joint tenancy (at least in Texas).
Perhaps, because not all leasing agents are title landmen. By questioning it you made him question himself.
Moreover, this question stumps experienced title landmen from time to time. I've seen heated discussions over the same issue.
I'm curious, was this regarding Oklahoma property?
i doubt tht was the reason,this was done over a year ago and i knew by the way he acted he knew he had done something illegal, whether this or tht there is something amiss
rnot sure why he would be nervous. But I agree with the other posters. A joint tenant, or a tenant in common has the right to lease his/her one-half interest. I would advise you discuss this with a lawyer so you can verify if there was anything nefarious done, or if it was perfectly legal.
I think I understand the anxiety.
With JTWROS, when the party executing the lease dies, the interest is transferred at the moment of death to the surviving Joint Tenant. With the surviving JT having not executed an lease or a ratification, the lease will fall at the death of the executing Joint Tenant.
Any lawyers care to weigh in on this?
Buddy Cotten
Buddy,
That's an interesting question and I don't know the answer off the top of my head. My instinct however is that because both estates, before the death of the joint tenant, are interests in fee simple, then the joint tenant had absolute right to bind that portion of the tenancy to a fully vested fee simple determinable, not limited to the joint tenant's life. When the estates merge, the remaining tenants now own the property, but it is burdened by a lease as to the deceased tenants former ownership. Their original portion is still unleased, unless they ratify the existing lease.
This is in contrast to a life estate, who can only grant so much as they own. Thoughts or comments?
Agree. Based on the facts as presented, one-half is leased and one-half is not.
52nd common title issue?
Jest aside, I have referenced your document before when seeking a conclusion to an title discussion in the past. Would you mind if I reference this post for the same reason in the future?
not at all. but remember you get what you pay for.
Ha! Thanks.
APPARENTLY NO ONE IS READING THE ORIGINAL QUESTION,YOU ARE ADDING TO THE QUESTION AND ANSWERS NONE OF THAT IS THE CASE PART PROPERTY HIS PART HER PART ??? ITS ONE WHOLE PROPERTY NOT HIS AND HERS ITS JOINT ALL OF AS DESCRIBED IN THE DEED,YOU CANT TRANSFER OVER TO ANOTHER PARTY IF THT PARTY IS NOT LISTED ON THE OIL LEASE IN THE FIRST PLACE??? AND THE LEASING PERSON ACTS LIKE HE DIDNT KNOW IT WAS JOINT PROPERTY?? PLEASE READ THE POSTS