Delay rental payments

The lease that my mother signed in 2010 was for a 5 year term. She signed everything over to me in 2016. The lessee ( jay-bee) has never drilled but they have been sending annual delay rental checks for 14 years. Is there any new language in WV that says that a company cannot maintain a lease forever like this? I know there has been in Pennsylvania. I wonder if I can not cash the next delay rental check and request a new lease. Thanks for any help. This property is in Tyler County WV.

They may have drilled a “shallow well” to hold it in suspension which is a bunch of crap.

They haven’t done anything. I did hear from them earlier this year saying they were going to drill, but then they put it on hold. They actually sent out lease agreements and the terms were much better than what they were in 2010. I didn’t sign it because I figured I was still locked in under the old lease. I called them and they were unaware of that old lease and told me drilling was put on hold and I probably couldn’t get a new lease. I haven’t cashed this years delay rental in hopes of getting a new lease. Any suggestions?

What property are you specifically referring to? I have never had to deal with a situation like this to be honest. Im just curious as to why they say its on hold because I know Jaybee is still currently drilling in Tyler County. If the old lease has expired then they would have to re-lease the property but in order for them to hold the lease then they would have had to at least put a shallow well in the ground and hold it in suspension. I dont trust anything Jaybee tells me because they are nothing but a PITA to deal with and have cheated and still are cheating people out of money.

They say that the lease is still valid because they have been paying delay rental fees annually. As of now it just has a tract number. No name.

Whats the tract number? You should be able to look it up online.

You need to read the lease carefully to see how the delay rental is defined to see what is required to prolong the lease. Is this possibly an option payment to extend and how long in that allowerd? Are you communicating by email so you have evidence of your question and the company’s answer or by phone?

T-3027 near Wetzel County line somewhere near Walnut fork and Indian Creek. I haven’t found it yet online.

Thanks for the info about using email rather than phone calls. The lease says the down payment covers the first five years,and the payment of delay rentals would start after the 5 years of signing and would continue unless the drilling of a well commensed. If a non-productive well is drilled and following the exhaustion or abandonment of all wells, the lessee has one year to resume rental payments and the effect thereof shall continue in force as though they had not been interrupted. Thoughts?

I don’t know if this will help but it should be in the ballpark of where it might be