We recently had a lease expire without the extension. I remember seeing the recommendation that we, as landowners, send a letter to lease holder getting them to release (assuming in our county courthouse).
What should be in letter and what action do we as landowners need to do. We have 2 more leases that will expire in a month. We are in western KS.
thanks.
Ron
From a legal standpoint, the letter needs to be framed as what is called a "demand" letter. That begins setting the stage for legal action if necessary. This is not a "please let me ask you to release," this is I hereby demand that you release the lease that has been filed at Book XX, page Xx, entry number XX dated XX by and between XXX as Lessor to xxx as lessee, etc. Include all information that they need to prepare a release. I have gone so far as sending a form of release for them.
Buddy, As usual, great help!
Thanks, Buddy, your advise is always so helpful
Ron
Are you positive that "production operations" as defined by the Lease have not commenced? If so, then the Lease is not expired and there is no need for the operator to extend the Lease by exercising their option to extend. If not, if production operations never began and the operator won't file a Release, then you could file an Affidavit of Non-Exercise of Option in the Real Property Records of the County Clerk's Office, basically stating that the Lease is null and void, specifying all the information that Buddy suggested.