New York Mineral Owner's Subordination (of Rights to Make Use of Surface Estate) is a legal agreement that allows the mineral owner to subordinate their right to use the surface estate to another party. This subordination can be either temporary or permanent and is typically done to accommodate surface activities such as construction, agriculture, or development. In the context of mineral rights, the term "subordination" refers to the act of placing one's rights or interests in a lower priority compared to the rights of another party. In this case, the mineral owner voluntarily gives up their right to access and use the surface estate in favor of another entity or individual. The New York Mineral Owner's Subordination (of Rights to Make Use of Surface Estate) can be done in various forms, depending on the specific requirements and circumstances of the situation. Some different types of subordination agreements that may apply in New York include: 1. Temporary Subordination: This type of agreement grants a temporary right to the surface estate, allowing the other party to use it for a defined period, usually for a specific project or purpose. Once the duration expires, the mineral owner retains their original rights. 2. Permanent Subordination: In some cases, a mineral owner may choose to permanently subordinate their rights to the surface estate. This relinquishment is often carried out when the mineral owner doesn't have an immediate need to access the surface or when the surface usage by another party offers long-term benefits. 3. Limited Subordination: This form of subordination allows the mineral owner to specify certain limitations or conditions on the usage of the surface estate. For instance, they may restrict the type of activities or require compensation in exchange for subordinating their rights. 4. Partial Subordination: In certain situations, a mineral owner may agree to partially subordinate their rights, allowing the surface owner limited access or usage rights while maintaining their own access rights to a certain extent. The New York Mineral Owner's Subordination (of Rights to Make Use of Surface Estate) agreement typically includes detailed provisions, such as the duration of subordination, compensation terms (if applicable), limitations, and any necessary permissions or consents required from both parties. It is important for all involved parties to consult legal professionals experienced in mineral rights and property law to ensure the subordination agreement is well-documented, fair, and legally binding. This helps in avoiding any potential disputes or conflicts arising from the subordination of rights to make use of a surface estate in New York.