West Virginia Reservation of A Call on, Or Preferential Right to Purchase Production by Lessor

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Multi-State
Control #:
US-OG-820
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Word; 
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Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

The West Virginia Reservation of A Call on, Or Preferential Right to Purchase Production by Lessor is a legal provision that grants the lessor specific rights in relation to the oil, gas, or mineral production on their leased property. This provision is commonly found in oil and gas lease agreements and aims to protect the lessor's interests in the event of production occurring on the leased premises. Keywords: West Virginia, Reservation of A Call on, Preferential Right to Purchase Production, Lessor, oil, gas, mineral, production, leased property, lease agreements, interests. There are different types of West Virginia Reservation of A Call on, Or Preferential Right to Purchase Production by Lessor, which include: 1. Reservation of A Call On Production: This type of reservation entitles the lessor to purchase a certain percentage or quantity of the produced oil, gas, or minerals before the lessee has the right to sell it to third parties. The lessor can exercise their call by matching the price offered by a potential buyer or by paying a predetermined price set in the lease agreement. 2. Preferential Right to Purchase Production: In this type of reservation, the lessor is given a preferential right to purchase the produced oil, gas, or minerals before the lessee can offer it to any third parties. Unlike a call on production, the lessor does not need to match a competing offer but can purchase the production at a fair market value determined at the time of sale. The West Virginia Reservation of A Call on, Or Preferential Right to Purchase Production by Lessor provisions are crucial in protecting the interests of the lessor by ensuring they have the opportunity to benefit from the economic value of the resources present on their leased property. These reservations help to maintain a fair balance of power between the lessor and the lessee, allowing the lessor to have control over the production and sale of the resources extracted from their land.

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Declaration of Consideration of Value (This is the monetary amount for which the property is sold. If the property is being transferred without monetary value, it must state in the declaration paragraph 'why' it is exempt from transfer tax.)

The right of first refusal is exercised by the abutting landowner through his/her remittance of the price determined by the Division of Highways within sixty (60) days of notification.

West Virginia Code §11-22-1, provides for exemptions to paying the Transfer Tax Fee. Deeds must specifically state the reason for exemption, otherwise, the Transfer Tax Fee will be charged. Every Deed recorded requires a completed Sales Listing Form to be attached. The Sales Listing Form can be found here.

An implied warranty is a guarantee that is not written down or explicitly spoken. Article 2 of the Uniform Commercial Code ("UCC") governs the sale of goods. An implied warranty is automatically presumed regarding the sale of goods or real property, which prevents a risk from transferring to the buyer.

§37-6-30. Landlord to deliver premises; duty to maintain premises in fit and habitable condition.

This warranty may be excluded or modified by specific language in the contract to that effect, or ?by circumstances which give the buyer reason to know that the person selling does not claim title in himself or that he is purporting to sell only such right or title as he or a third person may have.? Com. Code §2312(2).

Implied warranty: Merchantability; usage of trade. (1) Unless excluded or modified (section 2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.

"A warranty is 'implied' where, from the circumstances sur- rounding the parties at the time of the sale or from the nature of the thing sold, the law assumes it to be just that the buyer should be protected, in addition to the contract of sale, by a further im- plied contract or guaranty on the part of the vendor, and ...

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1.1 Mission Statement: The mission of the West Virginia Purchasing Division is to provide valued services to our customers by making sound and effective ... by PH Martin · 1997 · Cited by 27 — The circumstances surrounding such a transaction create a different relationship between grantor and grantee than a reservation of royalty in a sale of land. D.(6) A statement that the seller assures that the purchase price represented in or pursuant to the reservation agreement will be the price in the contract for ... This Membership Interest Purchase and Sale Agreement (this “Agreement”), dated as of April 7, 2020 (the “Execution Date”), is by and among Carbon Energy ... Each form is designed using a MS Word "Fill in the Blank" format. This allows you to quickly make changes, additions and deletions to prepare your documents. Rules of Practice and Procedure Before the West Virginia Human Rights Commission ... West Virginia State Police Purchasing Rule, West Virginia Supreme Count of ... The following is a preferential right to purchase a new lease clause: If ... Lessee shall have the right to deduct from Lessor's royalty on any gas produced ... Reservation of Additional Interests in Production · Reservation of a Call On, or Preferential Right to Purchase Production by Lessor · Royalty Payments · Salt ... A gas lessee, like Energy Development Corporation, holding a conventional gas lease need only obtain the express right to produce coalbed methane from the ... The agent's company wants to lease the rights. The agent shared that this reserve of land was never listed in the land books and therefore never assessed ...

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West Virginia Reservation of A Call on, Or Preferential Right to Purchase Production by Lessor