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§ 904. Failure to provide surrender document

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 58 P.S. Oil and GasEffective: December 22, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 58 P.S. Oil and Gas (Refs & Annos)
Chapter 14. Recording of Surrender Documents from Oil and Natural Gas Lease Act (Refs & Annos)
Effective: December 22, 2014
58 P.S. § 904
§ 904. Failure to provide surrender document
Currentness
(a) Notice to lessee.--If a lessee fails to provide a timely surrender document as required under section 3, the lessor may serve notice on the lessee. The notice shall contain the following:
(1) A statement that:
(i) The lease will be terminated, expired or canceled according to its terms, including the date of the termination, expiration or cancellation.
(ii) The lessee has a duty to provide a surrender document under section 3.1
(iii) The lessor has failed to receive a timely surrender document from the lessee.
(iv) If the surrender document is not received by the date of termination, expiration or cancellation, the lessor has a right to record an affidavit of termination, expiration or cancellation of an oil or natural gas lease in the office of the recorder of deeds for the county in which the land is situated.
(2) The names and addresses of the lessor, if contained in the lease.
(3) The name and address of the person giving notice and a statement as to the person's interest in the land or relationship to the lessor.
(4) The municipality in which the land is located and a brief description of the land.
(5) If located in a unit, the name or description of the unit, if known to the lessor.
(6) If there is a well on the land, the name or number of the well if known to the lessor.
(7) The date of the execution of the oil or natural gas lease.
(8) The date of termination, expiration or cancellation of the oil or natural gas lease and the basis of the termination, expiration or cancellation.
(b) Manner of service.--Service of the notice under subsection (a) shall be effected either personally or by certified mail to the lessee's last known business address, or, if service cannot be made by those means, by publication once a week for two weeks in a newspaper of general circulation in the county where the land is situated.
(c) Challenge to notice.--If, after receiving a notice of termination, expiration or cancellation under subsection (b), the lessee disputes that the oil or natural gas lease will be terminated, expired or canceled on the date stated in the notice, the lessee must, not more than 30 days after receipt of the notice, deliver a written challenge to the lessor.
(d) Effect of no challenge.--A lessor who has served a notice under subsection (a) and fails to receive a timely challenge from the lessee under subsection (c) may record an affidavit of termination, expiration or cancellation of an oil or natural gas lease in the office of the recorder of deeds for the county in which the land is situated.

Credits

2014, Oct. 22, P.L. 2526, No. 152, § 4, effective in 60 days [Dec. 22, 2014].

Footnotes

1
58 P.S. § 903.
58 P.S. § 904, PA ST 58 P.S. § 904
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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