Our lease states that if the lessee surrenders the lease or any part of it, they must record this action in the county where the land is located. Does this provision apply if the lease just expires? Our lease states the lessee has 90 days to file this action with the General Land Office. Can we sign a new lease with a new lessee before this action is complete? Even if the lease has expired?
Thanks for any answers.
Marie and Ken Haag
Kenneth:
From the information you have provided, it sounds like the lessee just let the lease expire and if no other provisions (extension, etc.) is contained in the lease, you could seek a new lessee. Sometimes another company will top lease acreages prior to their lease expiration dates which will become effective on the date the lease will expire.
Dear Mr. Haag,
Is this a Relinquishment Act lease, dealing with Mineral Classified Lands? I am guessing that it is. I suppose it could also be a GLO administered lease through the Veterans Land Board.
Under the standard Relinquishment Act lease form, lessees who voluntarily release acreage from
the lease must record the release in the county clerk’s office and a certified copy must be filed
with the GLO within 90 days of the execution date accompanied by a $25 filing fee, per
instrument.
When Relinquishment Act leases terminate by their own terms, lessees are under no
obligation to record this termination of the lease in the county clerk’s records.
If the owner of the soil wishes to record the termination of his Relinquishment Act lease, he may
request the GL0 to mail him a recordable document, which he may then send, along with
appropriate recording fee, to the county clerk where the Relinquishment Act Land is located.
The owner of the soil is under no obligation to record such evidence of termination in the county
clerk’s office. However, the owner of the soil is encouraged to use this opportunity to publicize
the fact that the tract is again available for lease.
As an aside, top leases are not permitted by the GLO.
Thanks for the answer Charles…the lease does not expire until 10/05/11 but we are trying to keep on top of things.
charles s mallory said:
Kenneth:
From the information you have provided, it sounds like the lessee just let the lease expire and if no other provisions (extension, etc.) is contained in the lease, you could seek a new lessee. Sometimes another company will top lease acreages prior to their lease expiration dates which will become effective on the date the lease will expire.
Buddy, Thanks for the reply. On the top left hand corner of the lease it says GLO Relinquishment Act Lease Form. I cannot find anything about the lease being a GLO lease administered through the Veterans Land Board.
You answered our question upon lease expiration date if lessee has to record the termination of the lease or not. Also thanks for the suggestion that we have the GLO send us the appropriate documents to record at the county office when lease is terminated.
Buddy Cotten said:
Dear Mr. Haag,
Is this a Relinquishment Act lease, dealing with Mineral Classified Lands? I am guessing that it is. I suppose it could also be a GLO administered lease through the Veterans Land Board.
Under the standard Relinquishment Act lease form, lessees who voluntarily release acreage from
the lease must record the release in the county clerk’s office and a certified copy must be filed
with the GLO within 90 days of the execution date accompanied by a $25 filing fee, per
instrument.
When Relinquishment Act leases terminate by their own terms, lessees are under no
obligation to record this termination of the lease in the county clerk’s records.
If the owner of the soil wishes to record the termination of his Relinquishment Act lease, he may
request the GL0 to mail him a recordable document, which he may then send, along with
appropriate recording fee, to the county clerk where the Relinquishment Act Land is located.
The owner of the soil is under no obligation to record such evidence of termination in the county
clerk’s office. However, the owner of the soil is encouraged to use this opportunity to publicize
the fact that the tract is again available for lease.
As an aside, top leases are not permitted by the GLO.
Best,
Buddy Cotten
BBA-UT