For those readers out there dreaming of getting out of an unfavorable oil and gas lease by pointing to a defective acknowledgement, keep dreaming. The 6th Circuit Court of Appeals has held in a recent decision that a defective acknowledgement cannot be the basis for voiding an oil and gas lease as between the parties.

In its decision in Kenneth Cole, et al v. EV Properties, L.P., et al, the 6th Circuit Court of Appeals held that defectively acknowledged oil and gas leases are, contrary to what the plaintiffs claimed, enforceable as between the parties, and therefore affirmed the district court decision dismissing the plaintiffs’ claim.

The court’s decision should come as no surprise to those who have been following recent defective acknowledgement cases, and provides a good discussion of the issue.