I can acquire a 2,000-acre lease in Ritchie County, West Virginia, held by production from one well, drilled in 1905. I can acquire a 100-acre lease with an affidavit of non-production from an individual who has owned the property for in excess of 50 years. What's the problem? It may be the same property!
In West Virginia, is there any guidance or limitation as to the extent of the West Virginia State Supreme Court's judicial "implied covenant to develop" as it might affect non-apportionment subdivision tracts within a leasehold?
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