New Mexico Mineral Owner's Subordination (of Rights to Make Use of Surface Estate) refers to a legal agreement between a mineral owner and a surface estate owner in the state of New Mexico. This agreement allows the mineral owner to prioritize their rights to extract minerals from the land over the rights of the surface estate owner to make use of the property. In simple terms, the subordination agreement gives the mineral owner the authority to access, explore, extract, and develop mineral resources beneath the surface of the property, even if it interferes with the surface estate owner's intended use of the land. It allows the mineral owner to perform necessary activities such as drilling, mining, or excavating without seeking permission from the surface estate owner, as long as they adhere to the applicable laws and regulations. By entering into a subordination agreement, the mineral owner gains certain rights, including access to the property, the right to use common areas for mineral exploration, and the ability to undertake any necessary surface disturbances required for mineral extraction. However, it is important to note that there are different types of New Mexico Mineral Owner's Subordination (of Rights to Make Use of Surface Estate) that can be implemented based on negotiated terms between the mineral owner and the surface estate owner. Some commonly known subordination types are: 1. Temporary Subordination: This type of agreement grants the mineral owner permission to access the property for a specific period, usually until the completion of the mineral extraction activities. Once the agreed-upon period ends, the rights revert to the surface estate owner. 2. Permanent Subordination: In this case, the mineral owner's rights are permanently subordinated to the surface estate owner's intended use of the land. The mineral owner's access and activities may be limited to specific areas or conditions, ensuring there is minimal disruption or interference with the surface estate owner's plans. 3. Customized Subordination: This type allows the mineral owner and surface estate owner to negotiate specific terms and conditions tailored to their unique circumstances. They can outline the extent of mineral extraction activities, access periods, compensation, surface restoration requirements, and any other mutually agreed-upon provisions. It is important for both parties involved to carefully consider and negotiate the terms of the New Mexico Mineral Owner's Subordination agreement to protect their respective rights and interests. It is often recommended seeking legal counsel to ensure compliance with New Mexico laws and regulations governing mineral extraction and surface estate use.
New Mexico Mineral Owner's Subordination (of Rights to Make Use of Surface Estate)
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Landowners In 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. What You Should Know about Mineral and Surface Rights on Your Land hallhall.com ? what-you-should-know-about-mine... hallhall.com ? what-you-should-know-about-mine...
To own oil or any other mineral coming from your land, you must have mineral rights in addition to your property rights. In other countries, the government has a sovereign claim over all mineral rights. In the United States, private individuals can own mineral rights, unless already reserved by the government.
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. Oil & Gas Exploration and Surface Ownership texas.gov ? about-us ? faqs ? oil-gas-exp... texas.gov ? about-us ? faqs ? oil-gas-exp...
A property owner with mineral rights may explore, extract, and sell natural deposits found underneath the land surface. But surface rights only refer to exclusive rights to all physical property on the land.
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. Who Owns the Minerals Under Your Property | Nolo nolo.com ? legal-encyclopedia ? who-owns-... nolo.com ? legal-encyclopedia ? who-owns-...
Subsurface rights, also known as mineral rights or subsurface interests, refer to the legal rights and privileges associated with the ownership, exploration, extraction, and utilization of resources found beneath the surface of a piece of land or property.