I have a oil and gas lease and and amendment to that lease to allow 10 more acres with some other stipulations .... then they came to me wanting a surface and road agreement on land in the 160 acre lease that is not pooled for the well they drilled .... at my own fault I didn't read and understand the agreement fully and was hooked by the paperwork to allow them my whole 160 acres to do what they like for no payments roads, pipelines well sites and so on ....anyway after I seen this I got the agreement at the court house in the conveyance records I noticed that the agreement in referenced to the to prior agreement called the subject lease 4 or 5 times ... thing is the conveyance record numbers are wrong on the agreement for the surface road agreement .the numbers for the referenced lease is for a pipeline agreement that has nothing to do with me .....my question is could this wrong number on this agreement release me from this agreement ?
Parker -
I haven't seen the Agreement or the documents referenced in it, and others who may respond to your post may have more accurate information for you, but my first impression is no, it would not release you from the Agreement.
It is my understanding that the lands that were intended to be described were the ones effected by any Agreement, whether properly described or not. Mistakes or typos in reference information would just be considered Scribner's Errors.
If / when they come to you with a Correction Instrument you may be able to negotiate for better terms. And I would imagine they are obligated to compensate you for damages and possibly loss of use of the acreage they use.
Hope this helps -
Charles Emery Tooke III
Certified Professional Landman
Fort Worth, Texas