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Indiana Surface Use by Lessee and Accommodation With Use of the Surface

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US-OG-829
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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.


Indiana Surface Use by Lessee and Accommodation With Use of the Surface refers to the legal rights and agreements between landowners and oil and gas lessees regarding the use of the surface land for exploration, extraction, and production activities. It outlines the terms and conditions under which the lessee can access and utilize the surface for their operations while also maintaining the landowner's rights to the surface. There are two primary types of Indiana Surface Use by Lessee and Accommodation With Use of the Surface: 1. Surface Use Agreement: This type of agreement is a contractual arrangement between the landowner and the lessee, which establishes the terms and conditions regarding the use of the surface. It defines the extent of the lessee's access, their rights and obligations, compensation or damages for surface disturbances, and restoration requirements once the operations are completed. Surface Use Agreements provide a comprehensive framework to ensure that both parties' interests are protected and the land is restored after the extraction. 2. Accommodation Agreements: Accommodation agreements are usually required when the surface owner has existing uses or structures on the land that may be impacted by the lessee's operations. These agreements lay out how the lessee will accommodate the surface owner's activities and ensure minimal disruption and inconvenience. It could involve modifications to drilling locations, transportation routes, noise control measures, or additional compensation for any negative impacts on the surface owner's use of the land. Keywords: Indiana, Surface Use by Lessee, Accommodation With Use of the Surface, landowner, oil and gas lessee, exploration, extraction, production activities, legal rights, terms and conditions, access, utilization, operations, surface disturbances, restoration, Surface Use Agreement, accommodation agreements, existing uses, structures, impacted, drilling locations, transportation routes, noise control measures, compensation, negative impacts.

Indiana Surface Use by Lessee and Accommodation With Use of the Surface refers to the legal rights and agreements between landowners and oil and gas lessees regarding the use of the surface land for exploration, extraction, and production activities. It outlines the terms and conditions under which the lessee can access and utilize the surface for their operations while also maintaining the landowner's rights to the surface. There are two primary types of Indiana Surface Use by Lessee and Accommodation With Use of the Surface: 1. Surface Use Agreement: This type of agreement is a contractual arrangement between the landowner and the lessee, which establishes the terms and conditions regarding the use of the surface. It defines the extent of the lessee's access, their rights and obligations, compensation or damages for surface disturbances, and restoration requirements once the operations are completed. Surface Use Agreements provide a comprehensive framework to ensure that both parties' interests are protected and the land is restored after the extraction. 2. Accommodation Agreements: Accommodation agreements are usually required when the surface owner has existing uses or structures on the land that may be impacted by the lessee's operations. These agreements lay out how the lessee will accommodate the surface owner's activities and ensure minimal disruption and inconvenience. It could involve modifications to drilling locations, transportation routes, noise control measures, or additional compensation for any negative impacts on the surface owner's use of the land. Keywords: Indiana, Surface Use by Lessee, Accommodation With Use of the Surface, landowner, oil and gas lessee, exploration, extraction, production activities, legal rights, terms and conditions, access, utilization, operations, surface disturbances, restoration, Surface Use Agreement, accommodation agreements, existing uses, structures, impacted, drilling locations, transportation routes, noise control measures, compensation, negative impacts.

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FAQ

In the United States, mineral rights can be sold or conveyed separately from property rights. As a result, owning a piece of land does not necessarily mean you also own the rights to the minerals beneath it. If you didn't know this, you're not alone. Many property owners do not understand mineral rights.

Leasing and Development of Split Estate When the surface rights to a piece of land and the subsurface rights (such as the rights to develop minerals) are owned by different parties, the mineral rights often take precedence over other rights.

Real Estate Dictionary Subsurface rights can include various natural resources and minerals, such as: Minerals: Ownership and rights to extract valuable minerals like coal, oil, natural gas, metals (e.g., gold, silver, copper), and industrial minerals (e.g., limestone, gypsum).

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.

A surface use agreement, which is also sometimes referred to as a land use agreement, is an agreement between the landowner and an oil and gas company or an operator for the use of the landowner's land in the development of the oil and gas.

Subsurface rights usually include the right to oil, minerals and even water that's found beneath the land's surface. Like surface and air rights, subsurface rights can be bought, leased or sold alone. Again, note that land usually comes with a bundle of rights.

Ownership rights in a parcel of real estate that are limited to the surface of the property and do not include the air above it (air rights) or the minerals below the surface (subsurface rights); surface rights can be sold separate from subsurface rights and air rights.

Mineral rights are ownership rights that allow the owner the right to exploit minerals from underneath a property. The rights refer to solid and liquid minerals, such as gold and oil. Mineral rights can be separate from surface rights and are not always possessed by the property owner.

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by CM Alspach · Cited by 40 — lessee.' In so holding, the court assigned the surface owner a right "to an accommodation between the two estates."37. Historically, the mineral owner generally had a broad and expansive right to use the surface in any manner reasonably necessary for extraction of the minerals.Jul 20, 2023 — A contract to protect your surface should be agreed upon with the mineral owner during the actual oil and gas lease negotiations. Assuming that ... ... file a certificate of registration showing that the professional is licensed in Indiana. ... provide for the lease or use of personal property by a lessee;; have ... A general survey of the laws across the nation demonstrates that states following the dominant mineral estate/reasonable use doctrines allow for any and all ... These land grant statutes and their surface damages provisions form the context in which the analysis of state law preemption takes place. Before turning to the ... Cited by 2 — The key issue becomes what is a "peaceable means." One effective method used by some landlords to force the holdover tenant to vacate the premises is to ... Once negotiated, this additional compensation can be addressed either in a separate paragraph in the oil and gas lease, should the landowner own the oil and gas ... Table 743-1: Use Table lists land uses and indicates whether they are permitted by right or with approval of a special exception, or prohibited in each Primary ... 1. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such ...

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Indiana Surface Use by Lessee and Accommodation With Use of the Surface