Be careful with that logic. I have seen many cases where an operator was more than willing to lease to someone with non-marketable title to prevent other non-ops from doing so. They were willing to make that risk, but it was different when it came time to pay on production. This is not based on New Mexico, but guidance I have shows it is very similar to Oklahoma in regard to Affidavits. The purchaser MAY BE WILLING to distribute based on the strength of the affidavit.
2 Likes