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.
Arkansas Surface Use by Lessee and Accommodation With Use of the Surface
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Multi-State
Control #:
US-OG-829
Format:
Word;
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How to fill out Surface Use By Lessee And Accommodation With Use Of The Surface?
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FAQ
In the State of Arkansas, the mineral rights are considered part of the sale with the surface rights unless they have been specifically reserved. A review of the property abstract should indicate if the minerals rights were reserved by a former property owner.
"Accommodation" and "accommodation doctrine" mean the exercise of mineral development rights with due regard for the rights of the surface owner as to surface use and improvements, if technologically sound and economically practicable alternative methods of mineral development exist.
The mineral lease will remain valid as long as the production royalties are paid to the Lessor as outlined in the mineral lease agreement.
The rule followed is generally known as the Strohacker Doctrine, named for the case of Missouri Pacific Railroad Co. v. Strohacker,s in which the Arkansas Supreme Court affirmed a chan- cery court decision that reservations of "coal and mineral deposits" in 1892 and 1893 deeds did not reserve the oil and gas.