Underpayment of lease bonus

In 2013 I leased two sections of mineral rights in McLain County. I relied on the lessee’s research to determine my net mineral acres. I did compare there research to numbers in the past going back many years and though not exactly the same, they were close enough to proceed. I renewed these leases again in 2016 for a higher per acre rate but the same net mineral acres. I recently sold both sections in December, 2019 and the purchaser through their research discovered that I had more net mineral acres than I previously knew.

Do I, at this point in time, have a legal basis to go back to the lessee and request payment for the NMA’s that I was not paid for?

Check the wording in your lease agreement. Generally there are provisions in the description of the mineral interest being leased and/or the section on the bonus payment that say the amount you received covers whatever mineral interest you owned in that property.

You accepted their payment so you have little or no recourse.

I think you are right but have been told otherwise but it wasn’t a legal opinion. Interestingly, after everything had been signed and I had deposited the first check, the lessee realized they had not paid me for enough acreage and sent another check. I would guess that they felt some legal obligation to do that. Also, the contract states on the first page that if the lessee determines that I don’t have the acreage they paid for, they can ask for reimbursement from me. It doesn’t say the opposite is true but I wonder if it’s not implied.

Thank you very much for your response.

I have done that. Nothing specifically states that they are obligated to pay for any additional acreage discovered at a later date. Interestingly, after everything had been signed and I had deposited the first check, the lessee realized they had not paid me for enough acreage and sent another check. I would guess that they felt some legal obligation to do that. Also, the contract states on the first page that if the lessee determines that I don’t have the acreage they paid for, they can ask for reimbursement from me. It doesn’t say the opposite is true but I wonder if it’s not implied.

Thank you very much for your response.