Can an oiland gas company lease your land, then sale the interest in the land without notification?

UPDATED: Oct 3, 2011

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Can an oiland gas company lease your land, then sale the interest in the land without notification?

An energy company leased a section of my land and then sold the interest to another company without my knowledge.

Asked on October 3, 2011 under Real Estate Law, Montana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you had a written lease with a particular energy company, you need to carefully read the written lease concerning any assignment requirements by the landlord or the tenant in that the written terms of the lease control the obligations owed to you by the tenant and vice versa in the absence of conflicting state law.

If there is a prohibition against the assignment of the lease then the tenant was not allowed to do such. If you do not like the assignment you need to voice your objections to it right away in a letter to the forst and second tenants keeping a copy of the letter for future need. Failure to do so could be a grounds for a waiver of any objections to the assignment.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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