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.
Florida Surface Use by Lessee and Accommodation With Use of the Surface
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State:
Multi-State
Control #:
US-OG-829
Format:
Word;
Rich Text
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How to fill out Surface Use By Lessee And Accommodation With Use Of The Surface?
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FAQ
Owning mineral rights (often referred to as a "mineral interest" or a "mineral estate") gives the owner the right to exploit, mine, and/or produce any or all minerals they own. Minerals can refer to oil, gas, coal, metal ores, stones, sands, or salts.
A property that consists of both surface and mineral estates but is being owned separately is called a split or severed estate. There is sometimes some confusion about who owns the minerals on the land you just bought or if the land belonged to your family's generations.
Michigan has a Dormant Mineral Act, mineral rights revert back to the surface unless one of the following conditions is met: The severed interest is sold, leased, mortgaged, or transferred by recorded instrument. A drilling permit is issued. Oil or gas is actually produced or withdrawn from the severed property.
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.
Where the mineral rights on a proposed project site have been severed, the developer is the owner or tenant of the surface estate, but a third party party holds the mineral estate.
An owner can separate the mineral rights from land by: Conveying (selling or otherwise transferring) the land while retaining the mineral rights. (This is accomplished by including a statement in the deed conveying the land that reserves all rights to the minerals to the seller.)
In Texas, Oklahoma, Colorado and Montana, mineral owners can own the mineral rights indefinitely and there is no way for them to passively revert to the surface owner. If a surface owner wants to own the mineral rights under their land, they must find and contact the mineral owners and offer to purchase them.
Finding Out Who Owns Your Mineral Rights in Texas Online Databases. County Clerk's Office. Land Title Companies. Public Land Survey System (PLSS)