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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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