The execution of an option to extend a lease term is the prerogative of the lessee, not the lessor. As long as the lessee provides payment to extend the lease in a timely manner, the extension is executed. If not, the lease is terminated. In that event the lessor should request the lessee to file a release of lease in the public record on the appropriate county or parish.
lease about to expire with petrohawk,no option to release. how do i go about requesting hawk to file a release of my lease, letter phone call and where do you find the address or right phone no to request a release. how long should you wait after experation of lease before requesting a release.
Make out the letter requesting the release in advance. The lease expires at midnight on the effective date. The day after, mail the request certified. You can find the correct address on the BHP Billiton/Petrohawk website. Or find a phone number that you can get the correct address and ask if it should be mailed to a specific department or staffer's attention. Local contact information for Petrohawk may be changing as they move into their new regional Haynesville office in Shreveport. Find out the process in advance and send the letter promptly upon the expiration.
What happens once you are released from your lease? How would you receive payments if that company has a well on your property? How does that work?
If they have a well on your property, your lease won't expire. You will be held by operations or held by production!
If your lease expires, and their is a unit well, then you will be considered a unleased mineral interest.
Ken, can you clarify - did someone drill a well that included the lease or part of the lease in a unit?
My grandmother, who passed, has a lease with a company and I am her heir. The well was put on the 40 acres and her initial lease expired in 2010. Her sister received a lease extension, but she did not. I think the unit is for 640acres.
Ken, in what Section, Township, and Range is your property located?
I'm confused. If there is a producing well on the property the lease would not expire, but you should be receiving royalty checks. If there is no well or it is a dry hole then your lease would likely expire but there won't be any payments from a well. The two situations are mutually exclusive.
According to Sonris there are two producing wells in this section. They have been producing since 1977. Maybe you should consult an O & G attorney to better know your situation. Good Luck.