57-208 Lease; filing with register of deeds; effect; contingent extension provision; affidavit of happening of contingency; filing; effect. - Nebraska Statutes

57-208. Lease; filing with register of deeds; effect; contingent extension provision; affidavit of happening of contingency; filing; effect.When an oil, gas or mineral lease is given on land situated within the State of Nebraska, the recording thereof in the office of the register of deeds of the county in which the land is located shall impart notice to the public of the validity and continuance of such lease for the definite term therein expressed, but no longer; Provided, that if such lease contains the statement of any contingency upon the happening of which the term of any such lease may be extended, such as and as much longer as oil and gas or either is produced in paying quantities, the owner of such lease may at any time before the expiration of the definite term of the lease file with the register of deeds an affidavit setting forth the description of the lease, that the affiant is the owner thereof and the facts showing that the required contingency has happened. This affidavit shall be recorded in full by the register of deeds, and such record together with that of the lease shall be due notice to the public of the existence and continuing validity of such lease, until the same shall be forfeited, canceled, set aside or surrendered according to law. SourceLaws 1925, c. 133, § 5, p. 352; C.S.1929, § 57-205; R.S.1943, § 57-208.AnnotationsFailure to file an affidavit of production, as required by this section, did not affect the contractual relations between the landowner and the plaintiffs.Section 57-208 is intended to give notice to the public, including prospective purchasers. Superior Oil Co. v. Devon Corp., 604 F.2d 1063 (8th Cir. 1979).