Ratification Of Oil And Gas Lease For Proper Authority Form
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FAQ
To ratify a lease means that the landowner and oil & gas producer, as current lessor and lessee of the land, agree (or re-agree) to the terms of the existing lease.
Companies generally ask owners of royalty and non-executive mineral interests to ratify oil and gas leases covering the lands in which they own an interest. The companies ask for the ratification because they want the right to pool the royalty or non-executive mineral interest covered by the lease.
Under Texas law, there is a rule of non-apportionment. It sets out that when the property is subdivided after the lease is already in place on the tract, the royalties are not apportioned but given to the royalty interest owner on whose property the well physically sits.
Cases have also imposed implied obligations on the lessee obligations that are not expressed in the lease. In Texas, the Supreme Court has described those implied obligations as a duty (1) to develop the premises, (2) to protect the leasehold, and (3) to manage and administer the lease. Amoco v.
The primary term is the initial period during which a well may be drilled. If a successful well is drilled within the primary term, the lease will extend for as long as the well remains productive. If a well is not drilled within the primary term, the lease will usually expire.
