2023 New York Laws › GOB - General Obligations › Article 15 - Modification and Discharge of Obligations › Title 3 - Requirements for Effectiveness or Enforceability of Modification or Discharge › 15-304 - Forfeiture and Cancellation of Oil, Gas or Mineral Land Leases.

§ 15-304. Forfeiture  and  cancellation  of  oil,  gas or mineral land
leases. 1. When any oil,  gas  or  mineral  land  lease  given  on  land
situated  in  any  county of New York state and recorded therein becomes
forfeited, terminates or expires by its own terms, the lessee, or  where
the  lessee  has assigned its interest, the assignee, within thirty days
after the date of  the  forfeiture,  termination  or  expiration,  shall
provide  to the current owner of the land which is subject to the lease,
without cost to such owner, a document in recordable form cancelling the
lease as of record in the county where the leased land is situated.
2. If any lessee, or its assignee fails to cancel a lease, as provided
for in subdivision one of this section, the current owner  of  the  land
which is subject to the lease may:
(a)  serve  notice  upon the lessee, and if actual or record notice of
their identity exists, to its assignee, that such lease be cancelled  as
of  record,  and  stating  that  if  such release is not executed within
thirty days of the service of such notice, the lease will be  terminated
and no longer of any effect. Such notice shall also state;
(i)  the  names and addresses of the lessor and lessee if contained in
the lease;
(ii) the name and address of the person giving notice and a  statement
as to his interest;
(iii)  the state, county and city or town where the leased premises is
located along with  the  location  and  a  general  description  of  the
property as contained in the lease;
(iv)  if  located  in  a  unit, the name or description of the unit if
known;
(v) if there is a well on the leased land, the name or number  of  the
well if known;
(vi) the date of the execution of the lease; and
(vii)  the  date  of  termination  of  the lease and the basis of such
termination.
(b) service of such notice  demanding  a  release  shall  be  effected
either  personally,  by  certified  mail  to the lessee's, and where the
lease has been assigned, the assignee's, last  known  business  address,
or,  if  service  cannot  be  made  with  due diligence by the prior two
methods, by publication once a week for three weeks in  a  newspaper  of
general circulation in the county where the leased land is situated;
(c)  If  the  lessee or its assignee claims that the lease is still in
full force and effect, either of these parties shall, within thirty days
of the service of such notice of demand to cancel  the  lease,  file  an
affidavit  with  the recording offices of the county wherein the land is
situated. Such affidavit shall state that the lease is in full force and
effect and a copy of such affidavit shall be  delivered  to  the  person
serving the demand within ten days of the filing of the affidavit;
(d)  If  such  affidavit  is  not  filed within the required time, the
current landowner may file a copy of the original notice to  the  lessee
or  assignee  and  an  affidavit  of  service thereof with the recording
officer of the county in which the leased land is situated, and by  such
filing the lease shall be cancelled and of no further effect.
4.  For purposes of this section, the term "mineral" shall not include
salt, as defined by subdivision  eighteen  of  section  23-0101  of  the
environmental conservation law.
5.  For  the  purposes of this section, where the landowner is not the
owner of the oil, gas or mineral rights, the  reference  to  "landowner"
shall be deemed to mean the owner of such oil, gas or mineral rights.
6.  This  section shall apply to all leases entered into before, on or
after the effective date of this section.