I recently signed an amended lease and was told I would receive a copy after they signed it. I received a check but no copy of the signed lease. They only filed a memorandum of the lease in the court house. If I do not sign the check, does that make the lease null and void?
Once you signed the legal document and handed it over, you were bound by the terms. Contact the landman and oil company and ask for the promised copy. In the future, never sign a legal document without retaining a copy of what you signed.
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no. You signed the document and delivered it to them.
If the person who sold you your house decided not to cash their check, they couldn’t come take the house back.
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North Dakota Supreme Court even upheld a case where the mineral owner never got the agreed bonus % check, but had signed the lease that referenced the bonus terms. But the courts allowed the lease to become effective for the all the other terms. They said lack of bonus funds delivered doesn’t cancel or negate the lease! Seems like this is a bizarre bias.
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You signed the lease and agreed to the terms and conditions thereof. They issued you a check, which you accepted. Whether you decide to cash that check or not is on you, in their eyes, and in the eyes of the courts should you wish to go that road, they will say that “consideration has been passed”, the lease is valid.
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