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Michigan Subordination by Lessee of Right to Use All or Part of Surface Estate

State:
Multi-State
Control #:
US-OG-140
Format:
Word; 
Rich Text
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Description

If the minerals have been severed from the surface of lands, with the mineral estate, in many states, being the dominate estate, the mineral owner has the right to make use of as much of the surface as is reasonably necessary to develop those minerals. If the minerals have been leased, and the surface owner desires the lessee not to enter on specific lands, the surface owner may obtain a subordination from the mineral lessee to that effect. This form addresses that situation. Michigan Subordination by Lessee of Right to Use All or Part of Surface Estate is a legal concept that refers to the act of a lessee surrendering their rights to utilize a portion or the entire surface estate to ensure compliance with a superior interest in the property. This process involves the issuance of subordination agreements, where the lessee agrees to prioritize the interests of another party over their own surface use rights. In Michigan, there are two main types of subordination by lessee of the right to use all or part of the surface estate: 1. Voluntary Subordination: This occurs when the lessee willingly agrees to subordinate their rights to a superior interest. The lessee may choose to do so to facilitate the exploration and extraction of minerals, oil, or gas reserves that may lie beneath the surface estate. Voluntary subordination agreements are typically negotiated between the lessee and the party holding the superior interest, such as a mineral rights holder or a mortgage lender. 2. Statutory Subordination: This type of subordination is mandated by Michigan law in specific circumstances. For instance, under the Michigan Dormant Mineral Act, a lessee's right to use the surface estate for oil, gas, or mineral exploration may be subordinated if the mineral rights' owner demonstrates that the lessee's activities interfere with the holder's intention to utilize mineral resources. The statutory subordination process requires legal proceedings and may result in the termination of the lessee's surface use rights. Keywords: Michigan, subordination, lessee, right to use, surface estate, voluntary subordination, statutory subordination, superior interest, mineral rights, oil exploration, gas extraction, subordination agreement, Dormant Mineral Act, termination, legal proceedings.

Michigan Subordination by Lessee of Right to Use All or Part of Surface Estate is a legal concept that refers to the act of a lessee surrendering their rights to utilize a portion or the entire surface estate to ensure compliance with a superior interest in the property. This process involves the issuance of subordination agreements, where the lessee agrees to prioritize the interests of another party over their own surface use rights. In Michigan, there are two main types of subordination by lessee of the right to use all or part of the surface estate: 1. Voluntary Subordination: This occurs when the lessee willingly agrees to subordinate their rights to a superior interest. The lessee may choose to do so to facilitate the exploration and extraction of minerals, oil, or gas reserves that may lie beneath the surface estate. Voluntary subordination agreements are typically negotiated between the lessee and the party holding the superior interest, such as a mineral rights holder or a mortgage lender. 2. Statutory Subordination: This type of subordination is mandated by Michigan law in specific circumstances. For instance, under the Michigan Dormant Mineral Act, a lessee's right to use the surface estate for oil, gas, or mineral exploration may be subordinated if the mineral rights' owner demonstrates that the lessee's activities interfere with the holder's intention to utilize mineral resources. The statutory subordination process requires legal proceedings and may result in the termination of the lessee's surface use rights. Keywords: Michigan, subordination, lessee, right to use, surface estate, voluntary subordination, statutory subordination, superior interest, mineral rights, oil exploration, gas extraction, subordination agreement, Dormant Mineral Act, termination, legal proceedings.

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Michigan Subordination by Lessee of Right to Use All or Part of Surface Estate