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Maine Subordination of Surface Rights Agreement (Subordination by Mineral Owner)

State:
Multi-State
Control #:
US-OG-1146
Format:
Word; 
Rich Text
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Description

This form is a subordination of surface rights agreement with subordination by mineral owner.

Maine Subordination of Surface Rights Agreement is a legal document that allows the mineral owner to surrogate or subordinate the surface rights to their mineral rights. This agreement states that the surface rights are ranked below the mineral rights in terms of priority and usage. It clarifies that the surface owner must allow access, exploration, drilling, extraction, and transportation activities related to mineral rights without interference. This agreement ensures that the mineral owner has the legal authority to exercise their rights over the property's subsurface without any hindrance caused by surface restrictions. It protects the mineral owner's interests by granting them exclusive control and utilization rights over the minerals beneath the surface. There are different types of Maine Subordination of Surface Rights Agreements, including: 1. Exclusive Subordination of Surface Rights Agreement: This agreement provides the mineral owner with exclusive control over the usage and access to the surface area, restricting the surface owner from interfering in any way. The mineral owner has the right to conduct any necessary activities for the exploration, extraction, and transportation of minerals. 2. Partial Subordination of Surface Rights Agreement: This agreement grants the mineral owner certain rights to access and explore the subsurface, restricting the surface owner's interference to some extent. The surface owner may retain limited rights for specific activities, such as farming or construction, but must cooperate with the mineral owner's activities. 3. Temporary Subordination of Surface Rights Agreement: This agreement allows the mineral owner temporary and limited subordination of surface rights for a specified period. It usually occurs when exploration or mineral extraction activities are planned for a limited time, after which the surface rights revert to the surface owner. 4. Subordination with Compensation Agreement: In some cases, the surface owner may receive financial compensation for subordinating their surface rights to the mineral owner. This agreement ensures that the surface owner is adequately compensated for any damages or restrictions caused by the mineral owner's activities. In conclusion, the Maine Subordination of Surface Rights Agreement grants the mineral owner the primary authority and control over the surface area, ensuring unrestricted access to explore, extract, and transport minerals. The agreement may come in different forms, such as exclusive, partial, temporary, or compensation-based, depending on the specific circumstances and agreements between the surface and mineral owners.

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FAQ

Hear this out loud PauseA subordination agreement is one where the lending party agrees to assign the pre-existing lien a lower priority to a subsequent oil and gas lease. As a result, it is as if the lease had been executed and recorded prior to the lien.

Subordination agreements are used to legally establish the order in which debts are to be repaid in the event of a foreclosure or bankruptcy. In return for the agreement, the lender with the subordinated debt will be compensated in some manner for the additional risk.

Example of a Subordination Agreement A standard subordination agreement covers property owners that take a second mortgage against a property. One loan becomes the subordinated debt, and the other becomes (or remains) the senior debt. Senior debt has higher claim priority than junior debt.

A subordination agreement establishes one debt as ranking behind another in priority for collecting repayment should a debtor default. Considered to be a type of subordinated debt, junior debt has a lower priority for repayment than other debt claims in the case of default.

Subordination Agreements ? Oil and Gas Leasing This arrangement allows the oil and gas company to continue producing from their wells without interruption and the mortgage company to keep receiving payments, even if the landowner defaults on the mortgage.

Hear this out loud PauseIn the United States, landowners possess both surface and mineral rights unless they choose to sell the mineral rights to someone else. Once mineral rights have been sold, the original owner retains only the rights to the land surface, while the second party may exploit the underground resources in any way they choose.

More info

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Maine Subordination of Surface Rights Agreement (Subordination by Mineral Owner)