Illinois Subordination by Mineral Owners of Rights to Make Use of the Surface Estate — Transfer occurs when mineral rights owners in Illinois transfer their rights to use the surface estate to another party. This transfer can happen through various agreements and contracts. The process of subordination involves the mineral owners relinquishing their rights to use the surface of the property for mining or extraction purposes. This allows the new owner or party to potentially engage in any surface-related activities without interference from the mineral rights holders. There are a few different types of subordination agreements that can be used in Illinois: 1. Limited Subordination: In this type of agreement, the mineral rights' owner temporarily subordinates their rights to make use of the surface estate for a specific project or period of time. This could be for the construction of a new building or installation of infrastructure. 2. Partial Subordination: When a partial subordination takes place, the mineral rights' owner agrees to partially surrogate their rights to make use of the surface estate. This allows the new owner to use a portion of the surface for specific purposes while the mineral rights' owner retains rights over the remaining surface. 3. Full Subordination: In some cases, a full subordination occurs where the mineral rights' owner completely subordinates their rights to make use of the surface estate. This means that the new owner has full control over the surface estate and can use it for various activities without interference. It is important to note that subordination agreements are legally binding contracts that need to be thoroughly negotiated and documented to protect the interests of both parties involved. These agreements typically outline the scope of the subordinated rights, compensation terms (if any), and the responsibilities and liabilities of each party. In Illinois, the subordination by mineral owners of rights to make use of the surface estate — transfer provides a way for efficient and conflict-free use of the surface estate by the new owner or transferee without hindering mineral rights operations. This process ensures a mutually beneficial arrangement for both parties and helps streamline surface-related activities while protecting the interests of all stakeholders involved.