I was included in a Pooling Order, even though I signed a lease and memorandum with a third-party one month before the date of the Pooling Application. The lessee just didn’t file the memorandum with the county clerk until one week before the hearing. I realize this isn’t the operator’s fault, but what steps should I take now to ensure my lease is recognized rather than the pooling? Do I need an attorney for this?
When I have leased in the time frame like that, I answer the pooling order within the 20 day time limit and say that I have filed a lease with Co. X for Y royalty. Check the county courthouse and see the date of filing and note the book and page number. I state that the lease as filed on date Z and state the book and page. I send the letter by certified mail so I get the receipt. I sure hope you saved a copy of the lease. Memorandums can cause trouble for future generations especially if they had depth clauses. If you did not save it, contact the company immediately to try to get a “copy for your files and for your children”.