Louisiana Revised Statutes & Codes

La. Rev. Stat. § 31:128 (2026)

To the extent of the interest acquired, an assignee or sublessee acquires the rights and powers of the lessee and becomes responsible directly to the original lessor for performance of the lessee's obligations.

✓ current as of May 2026

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§128. Responsibility of assignee or sublessee to original lessor

To the extent of the interest acquired, an assignee or sublessee acquires the rights and powers of the lessee and becomes responsible directly to the original lessor for performance of the lessee's obligations.

Acts 1974, No. 50, §128, eff. Jan. 1, 1975.

Notes of Decisions

Cited in 23 cases (3 in the last 5 years), 1981–2026 · leading case: Terrebonne Par. Sch. Bd. v. Mobil Oil Corp., 310 F.3d 870 (5th Cir. 2002).

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Terrebonne Par. Sch. Bd. v. Mobil Oil Corp., 310 F.3d 870 (5th Cir. 2002). · cites it 2× “2d at 1384 (quoting La.Rev. Stat. Ann. § 31:128). In the case at bar, Mobil never acquired an “interest” in the acreage at issue.”

Wagoner v. Chevron USA Inc., 55 So. 3d 12 (La. Ct. App. 2010). · cites it 2× “R.S. 31:128. An assignor or sublessor is not relieved of his obligations or liabilities under a mineral lease unless the lessor has discharged him expressly and in writing.”

Alford v. Chevron U.S.A. Inc., 13 F. Supp. 3d 581 (E.D. La. 2014). · cites it 2× “See La.Rev.Stat. § 31:128 (“To the extent of the interest acquired, an assignee or sublessee acquires the rights and powers of the lessee and becomes responsible directly to the original lessor for performance of the lessee’s obligations.”

Hoover Tree Farm, L.L.C. v. Goodrich Petroleum Co., 63 So. 3d 159 (La. Ct. App. 2011). · cites it 2× “R.S. 31:128 permitted plaintiffs to demand performance of all defendants.”

Davis Oil Co. v. TS, INC., 962 F. Supp. 872 (E.D. La. 1997). · cites it 2× “La.Rev.Stat.Ann. § 31:128 (West 1989). 69 .”

Kleas v. Mayfield, 404 So. 2d 500 (La. Ct. App. 1981). “R.S. 31:128. Gulf's position vis-a-vis the landowners is untenable.”

Robinson v. North Am. Royalties, Inc., 470 So. 2d 112 (La. 1985). “R.S. 31:128 was only applicable to make Stone Oil responsible to plaintiff as to the land within the unit, and "it cannot be said that Stone Oil acquired any obligations of the original lessor [plaintiff] or his successors in [the land outside the unit]".”

Rainbow Gun Club, Inc. v. Denbury Res., Inc., 247 So. 3d 844 (La. Ct. App. 2018). · cites it 2× “" However, even if a mineral lease is assigned to another lessee, the "assignor or sublessor is not relieved of his obligations .”

Rivers v. Sun Expl. & Prod., 559 So. 2d 963 (La. Ct. App. 1990). “R.S. 31:128 and 129. La.R.S. 31:137 et seq.”

Santa Fe Minerals, Inc. v. BEPCO, L.P. (In Re 15375 Mem'l Corp.), 382 B.R. 652 (Bankr. D. Del. 2008). “R.S. 31:128, et seq., La. Civil Code Article 2683, contract, lease, assignment, contribution, indemnity, conventional and legal subrogation, and any other basis in law and equity.”

Delta Energy Resources, Inc. v. Damson Oil Corp., 72 B.R. 7 (W.D. La. 1985). “In fact, one commentator has concluded, “In the 1975 Mineral Code R.S. 31:128 abolished the distinction between subleases and assignments, making either type of holder directly liable to the original lessor.”

Willis v. Int'l Oil & Gas Corp., 541 So. 2d 332 (La. Ct. App. 1989). “LSA-R.S. 31:128. Thus, as sublessee under the Willis lease, International had the right to execute a release which prospectively relieved at least International, if not McCook, of all obligations as to the acreage at issue.”

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