38-10-109 - Limitation on liability for other owners in production unit if notice provided -- Contents of notice -- Filing of notice -- Time for filing -- Failure to file does not affect other defense
38-10-109. Limitation on liability for other owners in production unit if noticeprovided -- Contents of notice -- Filing of notice -- Time for filing -- Failure to file does notaffect other defenses.
(1) Where work is performed or materials or equipment are furnished for any productionunit under a contract with an owner of an interest in the production unit, any interest of any otherowner in the production unit shall not be subject to a lien under this chapter, if such other ownergives written notice that he will not be responsible for work performed or materials or equipmentprovided.
(2) Written notice shall be:
(a) in recordable form;
(b) filed with the county recorder of the county where the production unit is located; and
(c) filed within 10 working days after the latter of:
(i) the owner obtaining knowledge of the performance of such work or the providing ofsuch materials or equipment; or
(ii) the execution by the last party of:
(A) a farmout agreement;
(B) a lease or sublease;
(C) an operating agreement;
(D) an assignment of less than 100% of the lessee's interest or operating rights under alease;
(E) a sales contract; or
(F) an option agreement.
(3) Failure to file under this section shall not impair any other defense available to suchowner.
(1) Where work is performed or materials or equipment are furnished for any productionunit under a contract with an owner of an interest in the production unit, any interest of any otherowner in the production unit shall not be subject to a lien under this chapter, if such other ownergives written notice that he will not be responsible for work performed or materials or equipmentprovided.
(2) Written notice shall be:
(a) in recordable form;
(b) filed with the county recorder of the county where the production unit is located; and
(c) filed within 10 working days after the latter of:
(i) the owner obtaining knowledge of the performance of such work or the providing ofsuch materials or equipment; or
(ii) the execution by the last party of:
(A) a farmout agreement;
(B) a lease or sublease;
(C) an operating agreement;
(D) an assignment of less than 100% of the lessee's interest or operating rights under alease;
(E) a sales contract; or
(F) an option agreement.
(3) Failure to file under this section shall not impair any other defense available to suchowner.
Enacted by Chapter 170, 1987 General Session