So my mother had a farm/surface acres until her death in 2020. My brother inherited those surface acres. The other day a pipeline company contacted him and told him that back in 2013 they had LEASED acres from my mom for a pipeline and that they had never put it in. They wanted him to sign a new lease for this because she is deceased and they couldn’t find the one she allegedly signed. They sent him a lease with HIS name on it, dated for 2013 and asked him to back-sign this. Then they would notorize it and go ahead with the pipeline. I told him it sounds illegal. The company admitted they have !. No copy of a signed lease with my mother and 2. No proof of a cancelled check showing payment to my mother. I suggested that this company should START OVER TODAY with brand new paperwork, new payment amounts, etc because this seems so fishy. What do you think? Legal, illegal? Legitimate?
Sounds fishy… I agree, if they have no proof then it did not happen. At the very least, someone in the family would remember or have paperwork to prove it. They failed to follow through back in 2013 so it never happened. Have them furnish new paperwork, new payment amounts, etc… and then have an attorney look at it before you sign anything. I have found out the hard way that you cannot be too careful.
Yea sounds fishy to me! Sounds like the land company messed up and trying to cover it up!
If it were me, I would start completely over. This is 2024 and I would not back date a lease to 2013. If the original lease was actually filed, it should be at the county courthouse. A modern lease needs today’s legal wording, today’s lease bonus prices, etc. He should get a good surface attorney to read the draft lease because the methodology of digging the ditch is important, remediation style is important and knowing whether it is a local pipeline or interstate is also important.
He did tell them, at my recommendation, that he considers at this time that no lease exists because there is no copy and no cancelled check. He has advised them they can start over with a brand new lease in his name with current lease information and payments. They advised him they will get back to him. So we shall wait and see. A question though, is he legally obligated to honor a lease my mother signed before her death IF they can ever find such a document, since they did not put in a pipeline and she is no longer living with my brother the sole owner?
It depends on the lease term. If it hasn’t expired, and such lease actually exists somewhere, then yeah that lease is still in effect.
I mean anything else is complete shenanigans.
There is no documented and signed lease. They have failed to prove that one was signed. Have advised the company to start over brand new with a current lease/payment amounts. Awaiting a reply from them.