Delaware Surface Tenant's Subordination to an Oil and Gas Lease refers to the legal agreement through which a surface tenant allows a third party to explore and extract oil and gas resources from the property they occupy. This subordination typically occurs when the surface tenant has limited or no ownership rights over the minerals beneath the land they occupy, and the oil and gas lease takes precedence. In Delaware, there are different types of surface tenant's subordination to an oil and gas lease, including: 1. Voluntary Subordination: This type of subordination occurs when the surface tenant willingly agrees to subordinate their rights to the oil and gas lease. It is commonly used when the surface tenant does not own the mineral rights and wants to avoid legal disputes or conflicts with the oil and gas lessee. 2. Compulsory Subordination: In some cases, the surface tenant may be required by law to subordinate their rights to an oil and gas lease. This typically happens when the state or federal government grants drilling permits or leases to extract oil and gas resources from the land. 3. Partial Subordination: In certain situations, the surface tenant may agree to a partial subordination, allowing the oil and gas lessee limited access to the property or specific areas for exploration and extraction activities. This type of subordination can be negotiated between the surface tenant and the lessee to protect certain areas, such as residential or agricultural zones, while still allowing resource extraction elsewhere. 4. Term Subordination: A term subordination occurs when the surface tenant agrees to temporarily subordinate their rights to the oil and gas lease for a specific period. This could be for the duration of the lease or until specific conditions are met, such as completion of drilling activities or depletion of resources. 5. Continuous Subordination: Continuous subordination refers to an agreement where the surface tenant's rights remain subordinate to the oil and gas lease for the entire duration of the lease, regardless of any changes in ownership or transfer of the property. This ensures that all future owners or tenants are bound by the terms of the original subordination agreement. Delaware Surface Tenant's Subordination to an Oil and Gas Lease serves to clarify and establish the rights and responsibilities of both the surface tenant and the oil and gas lessee. It ensures that the lessee has lawful access to the minerals while protecting the surface tenant's interests and mitigating any potential conflicts or legal issues arising from resource exploration and extraction.