I don't see where it was posted that there isn't a lease of record. I don't see where it was posted that she has had any other offers.
Judy, don't get confused. Follow Plan A and Plan B before you go to a Plan C.
There is not a lease of record. I have not had other offers. How I wish I had.
I have not had much luck in offering leases to other companies on a "cold call" from me. I did offer the lease to a landman who has leased on a "cold call" from me but I don't think he is going to be interested in this one.
I am not going to do anything until I hear from the leasing company except to contact a couple of names who might be interested in leasing.
Didn't think anyone was being sexist, even myself, regarding the female landman. We just chose to identify her that way.
Thanks again for the input.
J
Thanks for all of the clarifications. It is always a process. I wasn't sure how far along you were. You wrote something about hoping to be able to convince the title attorney better than you did the leasing company. I thought that meant you had already signed etc etc. The option about leasing to someone else wouldn't do you much good if you don't have any other offers. Good luck on generating additional interest.
Sorry that you got such terrible advice from the female landman.
Judy, possibly not the optimum solution but maybe you can lease them what they think you have, making sure that the language of the lease would NOT entitle them to lease the rest of your acreage should you go to the effort to clear your title.
Dave, sorry I confused you about the dealing with a title attorney. I tend to look ahead to problems. I think if I were dealing with a title opinion attorney, he would be easier to deal with than the leasing agent. Lady landman should know better.
R W, I will certainly try to negotiate with them before forced pooling if all else fails. I am a very patient person. I will wait them out as long as I can. In the mean time, perhaps someone else will get interested. Or maybe the leasing company will come back with a positive report.
J
Dear Judy, Why wait for the leasing company to get back with you? Search out some other company which may want your lease also.--and without the hassle. Probably be able to search this at the courthouse. Easy for me being a landman but you may ask the county clerk to help. Always better to have more than one, or two offers. What county is this in? Some are very easy to check others not so. All should help.
John,
Thanks for your input. I would be thrilled to find another leasor. I have never had much luck in seeking out a leasor. While I wait for the other company to get back to me, I have offered the lease to another company, but they passed. I have a couple of other leads. Given the opportunity, I would certainly make a deal with another company in a heartbeat and leave the first company in the dust.
I am well acquainted with how to search records in my county and it is well-organized. The clerks are very helpful.
Oklahoma is NOT a race state. It is a race/notice state.
So if someone takes or obtains a deed or lease with ACTUAL KNOWLEDGE of a pre-existing adverse document, then you take subject to the pre-existing document no matter when it is recorded. You have to look to the total facts of the situation.
Recording a document only provides CONSTRUCTIVE NOTICE. It tells all innocent third parties in all of the world that there is a claim to the property. Actual notice (knowledge) always trumps constructive notice. To claim the protection of constructive notice, you must be an INNOCENT bona fide purchaser for value. The race to the courthouse only becomes relevant when there are two (or more) innocent parties claiming the same property.
To put in concrete terms. Landowner A leases to Broker 1. Landowner A then leases the same tract to Broker 2, and Broker 2 knows about the lease to Broker 1. Broker 2 gets to the courthouse first and records. Who has the valid lease? Answer - Broker 1.
But if Broker 2 had no knowledge of the lease to Broker 1, then the answer changes.
Kent:
My situation has nothing to do with adverse documents. The parties went to the notary together and then to the courthouse together to file their respective documents. They were not being granted the same property.
Sorry, I do not have the time to get into a discussion of actual notice vs construction notice.
I hope this thread will stay on point and not get into long discussions of adverse documents.
J