I recently leased my mineral rights in the state of West Virginia. There are several of us who have leased on this property. I found out today that they are wanting to begin drilling in the month of June. There is one individual who may not sign the lease. The landman told me that unless that individual signs the lease, they cannot drill. Is this information correct? I apologize for my ignorance, but have only started learning about these issues recently.
I guess my qustion is, "Do 100% of mineral right holders have to sign the lease in order for there to be a well drilled and for us to collect royalties from the well?"
First, I hope you and you relatives got a fair lease and did not sign a lease with no changes made to it. So many folks are signing leases that they have no idea what's in it. They do not understand they are guaranteeing that everything in the lease is fact. There is also language in there that holds you accoutable that you say the rights are yours. The warrant of title is the oil/gas companies way of putting it all back in your lap. You also need an indemnification clause for non surface owners in the lease. Folks need to take it slow and educate themselves and get help from a professional or an oil/gas attorney before signing anything. Remember, this real estate you are dealing with and oil/gas companies want to lease it. Second, are you sure that there is just one person who has not signed? Do you own all the mineral rights and know who "all" the heirs are? Land agents use tactics like that to get families to gang up on one heir to sign. Then they go to the next family down the road and try to get them to sign one of their "crap" leases. I have no respect for land agents and their crooked ways. There may be other heirs, unless you know for sure there are no more. Sounds kind of quick to be telling you they are going to drill in a month. They have to have enough property leased in the area to be able to drill. That sometimes takes a long time to get what they need. I would be checking the validity of their claim. There is no forced pooling in Wv. and they do need all to sign for the lease to be done. Watch out for what they say is not always and mostly always not fact.
Thank you DT. I did secure an addendum that addressed the issues you brought up. We got $2500.00 an acre and 15% royalty. I was able to view the signed leases that belong to the family members on line through the county courthouse website. THey were signed in 2012. The ones that were not there I contacted and they said that they had signed in Jan. 2013 and Feb. 2013. The heirs have been the same with each lease. Unless there are additional ones that I do not know about this time, then I am pretty sure I have either seen the on lease or talked to them. There is one member who does not wish to sign because they are divorcing at present. Thanks again for your response!