# Non-fulfillment of Lease requirement

**URL:** https://www.mineralrightsforum.com/t/non-fulfillment-of-lease-requirement/62534
**Category:** Reeves County, TX
**Created:** [July 19, 2021, 6:34pm UTC](https://www.mineralrightsforum.com/t/non-fulfillment-of-lease-requirement/62534 "2021-07-19T18:34:59Z")
**Posts on this page:** 4
**Page:** 1

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### Author: ![M\_A\_Smith](https://www.mineralrightsforum.com/user_avatar/www.mineralrightsforum.com/m_a_smith/32/4708_2.png) [@M\_A\_Smith](https://www.mineralrightsforum.com/u/M_A_Smith)
#### Post date: [July 19, 2021, 6:35pm UTC](https://www.mineralrightsforum.com/t/non-fulfillment-of-lease-requirement/62534/1 "2021-07-19T18:35:00Z")

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My lease has a clause for late payment of royalties. Even though my contact information was on the lease, the operator could not “find” me until I contacted the operator to find out why they had never sent a Division Order to me. Two months later they did, but, by that time a substantial amount was owed for the late payment. They just told me that they will not pay the penalty. My question is two-fold. If the operator refuses to pay the penalty, can the lease be broken? If broken, how does this translate into my ownership of the production?

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### Author: ![TODD\_M\_Baker](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/t/91b2a8/32.png) [@TODD\_M\_Baker](https://www.mineralrightsforum.com/u/TODD_M_Baker)
#### Post date: [July 19, 2021, 8:01pm UTC](https://www.mineralrightsforum.com/t/non-fulfillment-of-lease-requirement/62534/2 "2021-07-19T20:01:59Z")

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Due to your statement that it is a substantial amount, if it were me, I would seek legal assistance. Every document will read different and your lease has the information needed to solve your questions.

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### Author: ![Roy](https://www.mineralrightsforum.com/user_avatar/www.mineralrightsforum.com/roy/32/12_2.png) [@Roy](https://www.mineralrightsforum.com/u/Roy)
#### Post date: [July 20, 2021, 4:53pm UTC](https://www.mineralrightsforum.com/t/non-fulfillment-of-lease-requirement/62534/3 "2021-07-20T16:53:02Z")

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You didn’t say if you changed address, or whether your operator is a major company (with a formalized division order department). My lease item-5 reads that lessee must accept division ownership changes within 30 days of receipt of certified mail notification. My operator has processed changes promptly by e-mailed documents, but I guess they could stand on the certified mail requirement if they chose.

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### Author: ![system](https://www.mineralrightsforum.com/uploads/db5755/original/3X/6/c/6c7c56608c843272ad6e3662ce9562a5956f173e.png) [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [October 17, 2021, 6:35pm UTC](https://www.mineralrightsforum.com/t/non-fulfillment-of-lease-requirement/62534/4 "2021-10-17T18:35:08Z")

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