Issue link: https://read.dmtmag.com/i/585738
29 Oil Prophets LEGAL CORNER thus if your dealer is that property owner, any document recorded in the Real Property records with his or her or that legal entity's name on it will be picked up. The problem arises – and this is often the case – where your dealer under your supply contract is not the owner of the property; often a tenant simply leasing the property from the landowner. When someone checking title to that property is checking under the name of the recorded owner of the property, they are NOT typically going to pick up the name of the dealer in that process and will likely miss your recorded supply contract. When your dealer is not the landowner, I recommend that marketers get the landlord to sign a simple document that I usually call a "Landlord's Consent and Acknowledgment," and we record that document. It's just a half-page document that says simply that this supply contract is in place at such and such location with such and such dealer which landlord acknowledges. It also has the landlord acknowledge that such supply contract is binding on the subject property and landlord for its stated term. Once you record that consent document to which the owner of the real estate (landlord) is a party, then when a title search is done on that property under the property owner's name, that consent document evidencing the existence of a supply contract will be picked up. If you do all of the above clearly and efficiently as possible, with the poor state of the law on these issues, there are certainly no guarantees that you will be assured your contract is binding on someone who comes in and buys the underlying property or the dealer's business. What you want to know you have done is everything possible in such event so you will be best prepared to fight that battle if and when it comes. Feel free to call if you have any questions about these issues. I'll be happy to provide examples of the contract language that we use for these purposes as well as copies of the landlord consent document I reference. WWW.PPMCO.COM ENVIRONMENTAL SCIENCE AND ENGINEERING 5555 Bankhead Highway | Birmingham, AL 35210 | 205-836-5650 30704 Sergeant E.I. Boots Thomas Drive | Spanish Fort, AL 36527 | 251-990-9000 Government Retail UST Energy Commercial Manufacturing PROVIDING ENVIRONMENTAL SERVICES THAT EXCEED OUR CLIENTS' EXPECTATIONS PPM understands the unique environmental challenges facing the petroleum marketing industry.The PPM team will guide you WKURXJKWKHUHJXODWRU\DQGVFLHQWLͤFSURFHVVDVVRFLDWHGZLWK soil and groundwater assessment/remediation, compliance, and environmental due diligence.