Virginia Notice of Claim of Breach of Oil, Gas, and Mineral Lease by the original Lessor's Successor

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US-OG-107
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Description

Most leases require a lessor give a lessee a written notice of any claimed breach of the lease. The lessee is usually granted a period of time in which to remedy the breach before a claim can be made for damages or that the lease is terminated. This form is a second notice to a lessee. It is prepared for signature by the successor to the original lessor. It provides that a letter has been sent to the lessee notifying the lessee of the claimed breach. This notice, once recorded, is constructive notice that the lease is deemed to have expired for failure of the lessee to remedy the claimed breach.

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FAQ

23. In general terms, the Pugh Clause provides that production from a unitized or pooled area located on or including a portion of the leased lands will not be sufficient to extend the primary term for the entire leasehold.

What is the granting clause? The granting clause is the clause under which the owner of the oil and gas rights leases the oil and gas rights to the oil and gas company along with the right to develop the oil and gas on a specifically described piece of real estate.

The primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the courts have jurisdiction to award damages instead of an injunction.

The label "implied covenant law" is used to describe the body of case law where courts have found an implied obligation that necessarily compliments, and supplements, the express terms of an oil and gas lease.

The memorandum of lease is a short form version of the oil and gas lease. The memorandum of lease is recorded. The full lease will not be recorded. You may also receive an addendum.

What is a breach of covenant? Essentially, a breach of covenant means that one or more parties have not acted in ance with the covenant that is currently in place. This could be in relation to any number of things, such as access rights, building rights or even preventing a business being run from the property.

Common remedies available are: actions for damages, injunction, cancellation of a document, quieting title, ejectment, specific performance, accounting, or. declaratory judgment.

Royalty Clause There are two types of royalties, a net and a gross royalty. Normally, the oil and gas lease contains a net royalty. If the lease provides for a net royalty, this means that post-production deductions will be taken from the royalty.

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Virginia Notice of Claim of Breach of Oil, Gas, and Mineral Lease by the original Lessor's Successor