West Virginia Ratification, Renewal, Revivor, and Extension of Oil, Gas, and Mineral Lease to Allow Lessee to Drill Another Well

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Multi-State
Control #:
US-OG-116
Format:
Word; 
Rich Text
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Description

This form is used when an oil and gas lease, by its terms may have been deemed to have expired and the lessee desires to drill another well on the lands. A mere ratification or renewal of an expired lease will not cause the lease to be valid. A revivor of the lease is required. This form allows for the revival of a lease for the purposes of allowing the lessee to drill another well.

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FAQ

As long as the lessee pays the annual rent, the lease remains in effect. This definite period of time is called the primary term. When a company fails to start production, the lease expires after the primary term. When the company starts drilling for oil and gas, the lease will remain in effect past the primary term.

A mineral lease is a contractual agreement between the owner of a mineral estate (known as the lessor), and another party such as an oil and gas company (the lessee). The lease gives an oil or gas company the right to explore for and develop the oil and gas deposits in the area described in the lease.

To ?ratify? a lease means that the landowner and oil & gas producer, as current lessor and lessee of the land, agree (or re-agree) to the terms of the existing lease.

The Federal onshore oil and gas rate is 16.67% for leases issued after August 16, 2022. However, there are a few exceptions, including different royalty rates on older leases, reduced royalty rates on certain oil leases with declining production, and increased royalty rates for reinstated leases.

Once granted, an oil and gas lease gives the lessee a primary term ranging from 5 to 10 years, depending on water depth, to explore and develop the lease. A lessee must relinquish the lease if no activity has occurred within that specified amount of time.

How long does oil and gas lease last? There are two terms in a gas and oil lease: known as the primary term and the secondary term. Normally, the primary term is for a specific amount of time which lasts between the period of 1, 3, 5, 7 or 10 years.

If the lessee is engaged in drilling operations at the expiration of the primary term of the lease,[9] the lease term will be extended for an additional two years if certain requirements are met. [10] Actual drilling operations that penetrate the earth are required.

Royalties derived from mineral rights ownership are different than an overriding royalty or revenue from a working interest. Overrides, working interests, production payments and other types of royalties tied to a leasehold generally expire once production ceases.

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West Virginia Ratification, Renewal, Revivor, and Extension of Oil, Gas, and Mineral Lease to Allow Lessee to Drill Another Well