QUESTION
Dear Attorney, My wife and I are currently under a gas and oil lease by Chesapeake. Chesapeake purchased our lease from Eric Petroleum. I am hearing the
Asked on Feb 10th, 2012 on Business Law - Ohio
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Dear Attorney,
My wife and I are currently under a gas and oil lease by Chesapeake.
Chesapeake purchased our lease from Eric Petroleum. I am hearing these companies are not permitted to notary their own leases. Eric petroleum came to my wife and I in the past and told us we had to sign a new lease because our old lease was to expire in the future. All we remember is a guy coming to our house, telling us we had to sign and left us a copy of the lease with no signatures. The Carroll county courthouse now has a lease with our signatures notarized by the guy who came to our house with no witnesses.
I am hearing this practice makes this lease invalid. Is that true and what do I need to do?
1 ANSWER
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Your inquiry does not set forth sufficient facts from which it can be concluded that the lease is invalid. We do not know the relationship of the person who solicited your signature to the oil company (employee? independent contractor? outside attorney?). Moreover, there is the very obvious problem that you actually executed, and intended to execute, the document, so you are bound by it even if the notarization is defective, and the oil company may be able to compel you to re-execute a validly notarized copy of the same lease.
If you want to get out of the lease, you should consult an attorney to see if it is possible. It seems unlikely from the facts you post. This is not legal advice.
Answered on Feb 11th, 2012 at 7:05 AM