West Virginia Express Covenants

State:
Multi-State
Control #:
US-OG-792
Format:
Word; 
Rich Text
Instant download

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.

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FAQ

What Are Land Use Covenants? The West Virginia Department of Environmental Protection generally utilizes Land Use Covenants (LUCs)?also referred to as environmental covenants?as institutional controls on sites where removal and treatment of all contamination is not possible or practical.

Individuals or parties who identify discriminatory or restrictive covenant language on a recorded document can submit a Restrictive Covenant Modifications Form to modify the document and remove the restrictive language. This form can be completed and signed digitally.

There are different ways that a covenant can be broken legally, and by checking the Land Registry documents you can see if changing any aspects of your land would breach it. Checking who the beneficiaries of the covenant are and reading the whole Deed clarifies if the covenant is tied to the land or is a personal one.

You'll need to get consent, either from the governing body that set them ? your city or HOA, for example ? or from the other parties involved in the restriction, like neighbors. Removing them may involve filing paperwork with the county clerk or even presenting it to a judge.

The Upper Tribunal can discharge or modify the restrictive covenants if: The restriction is deemed obsolete as a result of 'changes in the character of the property or the neighbourhood or other circumstances' (LPA s. 84(1)(a)).

Negotiation ? if you know who has the benefit of the covenant, you may be able to negotiate with them to release it, usually in return for a payment. Sometimes adjacent plots of land are subject to matching covenants and if this is the case, you may be able to agree a mutual release.

They are usually created in a deed between two parties, with one party agreeing to restrict the use of its land in a certain way for the benefit of another's land. For registered properties, any covenants affecting the property will be stated in the title.

For example, restrictive covenants can prevent owners and tenants from making certain renovations, having pets, parking RVs in the driveway, or raising livestock.

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West Virginia Express Covenants