West Virginia Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within Specified Distance of Structure

• Category: Oil Gas and Minerals - Waivers
• State: Multi-State
• Control #: US-OG-155
• Format: Word; Rich Text

Description

This form serves to amend an oil and gas lease to allow a lessee to drill at any location on lands subject to a lease, including a location in close proximity to a building or structure on the lands subject to a lease. The West Virginia waiver of lease provision by the lessor who owns the surface, prohibiting drilling within a specified distance of a structure, is an important aspect of oil and gas leasing in the state. This provision enables the surface owner to safeguard their property from potentially harmful drilling activities while ensuring the lessee's right to explore and extract minerals. In West Virginia, there are different types of waivers of lease provisions that can be included in the lease agreement. These variations depend on the specific needs and concerns of the lessor, the environmental regulations, and the proximity of drilling to existing structures. Here are a few key variations: 1. Minimum distance requirement: This type of waiver provision sets a specified distance within which drilling activities are prohibited near any structures owned by the surface owner. The distance is usually determined by the lessor, taking into consideration factors such as safety, potential damage to structures, and environmental impact. 2. Exclusion of high-risk areas: This waiver provision allows the lessor to designate specific areas on their property where drilling is strictly prohibited due to their high-risk nature. For example, areas near water bodies, wetlands, environmentally sensitive areas, or historical sites may be protected from drilling activities. 3. Applicability to existing structures: In this case, the waiver provision is focused on protecting structures that already exist on the surface owner's property at the time of the lease agreement. It prohibits drilling within a specified distance of all existing structures, ensuring their preservation and preventing any negative impact on their stability or value. 4. Prohibition of drilling under structures: This waiver provision can be particularly relevant when dealing with residential or commercial properties. It prohibits drilling activities directly beneath any existing structures, ensuring their structural integrity and preventing any potential hazards associated with drilling underneath buildings. It is important for both the lessor and lessee to carefully consider and negotiate the terms of the West Virginia waiver of lease provision by the lessor who owns the surface, prohibiting drilling within a specified distance of a structure, to protect the surface owner's property and the lessee's mineral extraction rights. Consulting with legal professionals experienced in oil and gas leasing is strongly recommended ensuring a fair and comprehensive agreement that addresses the specific concerns of both parties.

The West Virginia waiver of lease provision by the lessor who owns the surface, prohibiting drilling within a specified distance of a structure, is an important aspect of oil and gas leasing in the state. This provision enables the surface owner to safeguard their property from potentially harmful drilling activities while ensuring the lessee's right to explore and extract minerals. In West Virginia, there are different types of waivers of lease provisions that can be included in the lease agreement. These variations depend on the specific needs and concerns of the lessor, the environmental regulations, and the proximity of drilling to existing structures. Here are a few key variations: 1. Minimum distance requirement: This type of waiver provision sets a specified distance within which drilling activities are prohibited near any structures owned by the surface owner. The distance is usually determined by the lessor, taking into consideration factors such as safety, potential damage to structures, and environmental impact. 2. Exclusion of high-risk areas: This waiver provision allows the lessor to designate specific areas on their property where drilling is strictly prohibited due to their high-risk nature. For example, areas near water bodies, wetlands, environmentally sensitive areas, or historical sites may be protected from drilling activities. 3. Applicability to existing structures: In this case, the waiver provision is focused on protecting structures that already exist on the surface owner's property at the time of the lease agreement. It prohibits drilling within a specified distance of all existing structures, ensuring their preservation and preventing any negative impact on their stability or value. 4. Prohibition of drilling under structures: This waiver provision can be particularly relevant when dealing with residential or commercial properties. It prohibits drilling activities directly beneath any existing structures, ensuring their structural integrity and preventing any potential hazards associated with drilling underneath buildings. It is important for both the lessor and lessee to carefully consider and negotiate the terms of the West Virginia waiver of lease provision by the lessor who owns the surface, prohibiting drilling within a specified distance of a structure, to protect the surface owner's property and the lessee's mineral extraction rights. Consulting with legal professionals experienced in oil and gas leasing is strongly recommended ensuring a fair and comprehensive agreement that addresses the specific concerns of both parties.