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Oil/Gas/Original Mineral Lease Lost


I have a situation in which an oil company has drilled a horizontial well on my 640 acres.  They obtained a permit to
drill and produce on my land.  I own the minerals and surface.
The surface location is across the road on another quarter.
I asked for a copy of the Original Mineral of 1949.  The oi
company said they never had one and didn't receive one from the oil company they  purchased it from.  That oil company said they
never had the original lease.  They said they had an Assignment
but I need to see a copy of the Original Lease otherwise your
trespassing.  They didn't care about the word treaspassing that
I used.  I told the oil co. you need both the Original Lease and
Assignment to drill and produce, but they didn't care.  Without the lease you know nothing about terms and conditions.  If the
lease wasn't executed properly did the 1950 Assignment would not
be valid.   Did my grandfather sign the lease, was it nortarized
properly, did it have notary seal, and did it include a Homestead
These are all unanswered questions?  Please help.  Thank you.

The current oil and gas lease, if there is one, should be filed of record with the county clerk in the county where the minerals are located. The 1949 lease would only be valid today if there has been continuous production from the leased premises since then; otherwise they should have contacted you (assuming you own mineral rights within their drilling and spacing unit) for a new lease before drilling again.

If you're still worried about this I'd suggest contacting an oil and gas attorney who can look at whatever paperwork you have, and the well, to determine if they are "trespassing" or not. My guess would be they are not but without knowing more I really can't say for sure. Companies tend to pay their mineral owners in most cases, and it would be unusual for one to deny that you have a right to payment if they are aware you clearly do.

Hope this helps you out.
Frederick M. "Mick" Scott CMM RPL
The Mineral Hub  


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Frederick M. Scott


Oil and gas leasing, lease negotiations, how to best deal with the oil and gas companies or their representatives, buying/selling mineral rights, forced-pooling, correlative rights, deeds and conveyances, and "post-production" costs. I am most experienced with Oklahoma properties and laws, but am able to answer questions concerning other oil and gas producing states in many cases.


I am a Certified Professional Mineral Manager (CMM) certified by the National Association of Royalty Owners (NARO) in Tulsa, OK. I am also a Registered Professional Landman (RPL) with the American Association of Professional Landmen (AAPL). I have managed my family's oil and gas properties in Oklahoma for over 10 years and have dealt with many landmen, title analysts, attorneys and other oil and gas professionals in the process. I have written several articles which have appeared in various oil and gas industry magazines and newsletters. I have negotiated and drafted leases, prepared deeds, affidavits, and other legal instruments relating to my own minerals, as well as performed title, legal research, and curative work for same. I have acquired a good deal of knowledge on the subjects of oil and gas law, mineral appraisal, and landwork over the past ten years, and also worked as a professional landman and lease buyer for a time. I've seen the business from "both sides" and therefore feel confident I can help out most of the folks who ask questions in this forum.

National Association of Royalty Owners (NARO); American Association of Professional Landmen (AAPL)

National Association of Royalty Owners "Action Report" (ROAR); NADOA Magazine, The Mineral Hub, Landman Magazine, and several royalty owner association group's newsletters.

Certified Mineral Manager (CMM), Registered Professional Landman (RPL)

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