Accepted Answer

Yes, you have a serious problem here (unless your lease gives you "exclusive use" rights -- you should check it). You should have recorded the lease or a memo of the lease at the time of the execution thereof. Obviously, you realize that recording a memo of your lease would have put the world on notice that you held this interest in the Land. At this point you need to talk to the owner and find out if it was his intention to cut you off regarding your lease agreement. Simply because you failed to record does not completely cut off your rights to use the property if your lease documentation holds that your rights to the land are pretty much in perpetuity -- but you need to sort this out. While you may have lost the rights to the subsequent lessor due to his recording first, you may have a case against against the owner for double dealing you like this -- lost profits, etc. You should check with a local oil and gas practitioner and have them review your lease terms and go from there. GOOD LUCK. Please press the GREEN ACCEPT BUTTON so I will receive credit for my time. THANK YOU.

Expert:	Mary Meaden Esq
Pos. Feedback:	99.6 %
Accepts:	1309
Answered:	10/27/2009

Attorney

12 years experience in general law: RE, Consumer Prot., Family, Wills & Estates, Emplymnt, Crim Law