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North Dakota Mineral Owner's Subordination (of Rights to Make Use of Surface Estate)

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US-OG-1046
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This form is a mineral owner's subordination of rights to make use of surface estate.

North Dakota Mineral Owner's Subordination (of Rights to Make Use of Surface Estate) is a legal agreement that allows the surface estate owner to temporarily limit or subordinate their rights to the mineral owner in order to facilitate mineral exploration, extraction, or development activities. This arrangement is commonly used when the mineral owner requires surface access to carry out their operations, such as drilling for oil or gas, mining minerals, or conducting geological surveys. Keywords: North Dakota, mineral owner, subordination, rights, surface estate, exploration, extraction, development, drilling, oil, gas, mining, geological surveys. Different types of North Dakota Mineral Owner's Subordination (of Rights to Make Use of Surface Estate) include: 1. Temporary Subordination: Under this type of subordination, the surface estate owner grants the mineral owner temporary access to their land for a specified period. This agreement is usually executed for the duration of the mineral exploration, extraction, or development activities and is automatically terminated once the activities are completed. 2. Partial Subordination: This variant of subordination agreement allows the surface estate owner to retain certain rights while subordinating others to the mineral owner. For example, the surface estate owner might retain the right to use specific areas of the land for agricultural purposes while temporarily surrendering the right to use other portions for the mineral owner's operations. 3. Surface Use Agreement: Although not technically a subordination agreement, a Surface Use Agreement is often used in conjunction with a North Dakota Mineral Owner's Subordination. This agreement lays out the terms and conditions under which the mineral owner can access the surface estate for their activities. It typically covers important aspects such as compensation, restoration obligations, surface damage mitigation, access routes, drilling setbacks, and environmental safeguards. 4. Limited Surface Access: This type of subordination allows the mineral owner limited access to the surface estate to carry out specific tasks without granting complete control. For example, the mineral owner may only be allowed to conduct aerial surveys, install monitoring equipment, or construct limited infrastructure on the surface estate. 5. Compensatory Subordination: In some cases, the surface estate owner may agree to subordinate their rights in exchange for financial compensation from the mineral owner. This compensatory subordination helps offset any inconvenience or disturbance caused by the exploration or extraction activities. North Dakota Mineral Owner's Subordination (of Rights to Make Use of Surface Estate) is designed to strike a balance between the interests of the mineral owner and the surface estate owner, ensuring responsible and efficient mineral development while preserving the rights and functions of the surface estate.

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FAQ

The mineral rights value in North Dakota is typically be between a few hundred per acre and a couple thousands per acre for non-producing/non-leased mineral rights. A lot will depend on which county you are in. If you have mineral rights in McKenzie County North Dakota you are going to see more demand than other areas.

Minerals include gold, silver, coal, oil, and gas. If you want to transfer the rights to these minerals to another party, you can do so in a variety of ways: by deed, will, or lease. Before you transfer mineral rights, you should confirm that you own the rights that you seek to transfer.

A landowner may own the rights to everything on the surface, but not the rights to underground resources such as oil, gas, and minerals. In the United States, landowners possess both surface and mineral rights unless they choose to sell the mineral rights to someone else.

Dominance of Mineral Estate This means that the owner of the mineral estate has the right to freely use the surface estate to the extent reasonably necessary for the exploration, development, and production of the oil and gas under the property.

Mineral interests last indefinitely as long as they are not abandoned. Minerals are considered abandoned when they have not been used or claimed for twenty or more years. Minerals are ?used? when some type of activity such as production, leasing, or conveying occurs under North Dakota law.

How do I transfer mineral rights in North Dakota? To convey or transfer ownership of mineral rights to a new owner, the current owner of the rights has to engage a title insurance company or an attorney at a district court to perform a search of the property title.

A mineral rights owner does not necessarily have to own the land property itself but must have a legal agreement with the property owner. In North Dakota, mineral rights can be transferred in three ways: deed, probate or court action.

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.

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Mineral Owner Resources: Leasing: The ND Oil and Gas Division does not calculate mineral values, review private lease information, or review any private ... Managing the leasing process for surface and mineral acres in the State · Obtaining fair market returns or royalties for use of these resources · Maintaining or ...This form is a mineral owner's subordination of rights to make use of surface estate. ... fill out, print and sign it in almost any editor or by hand. Get ... Apr 20, 2023 — We discuss what is a subordination agreement and what mineral owners should know about how they can impact the value of your interests. III. CONVEYANCES OF FRACTIONAL MINERAL INTERESTS. 4. A. Describing the Interest Being Conveyed. 4. 1. Conveyances of Mineral Acres. Aug 29, 2010 — SURFACE RIGHTS AND MINERAL RIGHTS · If the mineral rights have been divided by will, deed, or inheritance, each owner becomes a tenant-in-common ... by JS Dycus · Cited by 32 — J. Stephen Dycus*. Millions of acres of land in this country are owned by persons who do not hold title to the underlying minerals. Because the min-. The provisions of this chapter shall be interpreted to benefit surface owners, regardless of how the mineral estate was separated from the surface estate. Explanation: This endorsement to the Owner's policy insures against violations of restrictions, encroachments on the land from adjoining land, and damage by ... by RW Polston · 1987 · Cited by 29 — Traditionally, courts have construed conveyances that separate mineral interests from the residual fee as containing an implied easement.1 The easement ...

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North Dakota Mineral Owner's Subordination (of Rights to Make Use of Surface Estate)