My son signed a lease dated June 2,2008 until June 2, 2012. The description reads: Twp XXXN, R.XXW, Sectioin XX: NE/4, less and except a tract more particularly described as the former Railroad right of way in the NE/4NE4 containing 1.4 acres.
He recently received a letter from the same company stating in part:XXXX is planning on drilling the XXXX XX-XX SWH. The title opinion regarding this proposed well states "The record examined by this examiner shows no basis for excluding the 1.40 acre right-of way from the mineral ownership of the successors in the interest to XXXX XXXXX".
They have also included a new lease with the cover letter made and entered into the 16th day of June, 2011 for a term of 3 years. The legal description reads:P Twp XXXXN, R.XXW, Section 33: NE/4.
My thought would be this: for a legal description in the new lease why not just use language such as "1.4 acres for the railroad right of way"?
Using their method, wouldn't they in part be duplicating a lease they already have?
Or are they correct in doing it this way and the new lease would override the old lease?
Any thoughts or suggestions would be appreciated.