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.
Arizona Surface Use by Lessee and Accommodation With Use of the Surface
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Multi-State
Control #:
US-OG-829
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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
As in Texas, operators in New Mexico are also subject to the common law Doctrine of Accommodation. The New Mexico Supreme Court adopted a rule similar to Texas' Accommodation Doctrine, which interpreted the rule to mean that the rights held by a mineral lessee create an implied easement by necessity.
Mineral rights can be obtained on State or Federal lands that are open to mineral entry. Mining claims, leases, and mineral material sales apply to Federal Lands. Exploration permits, mineal and material leases apply to Arizona State Trust Land.
The general (common law) rule in the case of a split estate is that the mineral estate is ?dominant.? This means that the owner of the surface estate cannot prohibit the owner of the mineral estate from accessing and developing the minerals.
What Are Mineral Rights and Who Has Them? Mineral rights in Texas are the rights to mineral deposits that exist under the surface of a parcel of property. This right normally belongs to the owner of the surface estate; however, in Texas those rights can be transferred through sale or lease to a second party.
In order to apply the Accommodation Doctrine, the surface owner must prove that the groundwater owner's use of the surface precludes or substantially impairs the existing use; that the surface owner has no available, reasonable alternative to continue existing use; and that the groundwater owner has reasonable, ...
Under the Accommodation Doctrine, the surface owner must generally show that the particular surface activities are not ?reasonably necessary? to extract the oil or gas. Haupt Inc. v. Tarrant County Water, 870 S.W.
Reasonable Accommodation Doctrine Disputes in Colorado This doctrine directs the operator to carry out operations to accommodate the surface owner by minimizing intrusion upon and damage to the surface of the land, including the use of alternative well locations or alternative operations.
Arizona Revised Statutes (A.R.S.) § 42-5069 Commercial Lease Classification, addresses businesses which lease or rent for a consideration the use or occupancy of real property.