When meeting with a landman is it possible to hand write in items you want covered in lease if its not there. Such as shut-in clause, payment of oil at wellhead instead of pipeline and no deductions. Lease already has a pugh clause and we know to delete the warranty clause. Any suggestions. Trying to keep it simple with not alot of legalese.
I have a question, who wrote the pugh clause ? If it was added for you by the lessee, are you certain that it protects you ? There are alot of people with gas wells and cost free language, added by the lessee that are paying every post production cost there is, now. I think you may be allright lining through items, deleting them. I would want a legal professional to create the exhibit for anything I wanted to add to the lease. You don't want to wind up in court one day and find out that what you added doesn't fit in the lease and your language is just meaningless surplussage. Personally, I think it may be best to deal with a landman through mail and e-mails, so you have a clear record of what was offered, unless you record phone calls and your meeting there will be no record of what was said. Good luck.
I agree with RW in that you might want to seek a legal professional prior to finalizing a lease. In my opinion, Mr. Buddy Cotten, a regular on this forum, has the expertise to review your pending lease and give professional advice on what should or should not be included. This action may cost a small fee up front but the payoff in the long haul might be well worth the dollars spent. Good luck in your negotiations.
An oil and gas attorney is a necessary evil. I would use a landman who has my best interests and not the exploration companys landman as peer review with your attorney. Our family is about to engage in another round of exploration and we used a local attorney to negotiate our oil and gas lease back in the late 70s. There are clauses up the wazoo which a sharp attorney can use to protect your interests. I agree with the previous posters as well. Good luck !
I saw a court case where the oil company claimed the added pages (changes to original lease) after the signature were not in the original signed contract, so I've had our attorney add "page 3 of 26", for example, at the bottom of every lease page. That way even if the signatures are on page 23, it shows there were 3 more pages of content (Addendums or Exhibits, etc.).
Thank you I will remember to do that.