Hawaii Surface Tenant's Subordination to An Oil and Gas Lease Keywords: Hawaii, surface tenant, subordination, oil and gas lease Description: In Hawaii, when it comes to surface tenant's subordination to an oil and gas lease, a unique set of legal rules and regulations apply. Surface tenant refers to an individual or entity who holds the right to use or occupy a property's surface while having limited or no rights to the underlying minerals or resources, such as oil and gas. Subordination in this context refers to the legal agreement where the surface tenant agrees to prioritize the rights of an oil and gas lease over their own rights as a tenant. This typically occurs when the property owner decides to lease or grant exploration and extraction rights to an oil and gas company. There are different types of subordination agreements that surface tenants may encounter in relation to an oil and gas lease: 1. Absolute Subordination: Under this type of agreement, the surface tenant completely surrenders their rights to the leased property's surface to the oil and gas company. This means that the oil and gas company has unrestricted access to the land for exploration, drilling, and extraction purposes, without any interference from the surface tenant. 2. Limited Subordination: In this type of subordination agreement, the surface tenant retains some rights over the property's surface while acknowledging the rights of the oil and gas lease. The specific terms and conditions of this limited subordination are usually negotiated between the surface tenant and the oil and gas company, outlining the scope of permissible activities and potential restrictions. 3. Monetary Compensation: In certain cases, surface tenants may negotiate monetary compensation in exchange for subordination. This compensation could include a lump sum payment or ongoing royalties based on the production or extraction activities on the property. The details of such compensation are often outlined in a separate agreement, called a surface use agreement or surface damages agreement. It is crucial for surface tenants in Hawaii to carefully review and understand the terms and implications of subordination agreements before consenting to them. Consulting with legal professionals experienced in oil and gas leases can be immensely helpful in navigating the complexities of these agreements and securing fair terms. Failure to properly address the nature of subordination can potentially lead to disputes or conflicts in the future, emphasizing the importance of informed decision-making for all parties involved.