Title: Understanding Oklahoma Mineral Owner's Subordination (of Rights to Make Use of Surface Estate) Introduction: Oklahoma Mineral Owner's Subordination is a legal concept that refers to the voluntary relinquishment or limitation of a mineral owner's rights to use the surface estate. This arrangement often occurs when the surface estate is burdened by mineral extraction activities. In Oklahoma, there are several types of subordination designed to address various concerns and considerations. This article will provide a detailed description of Oklahoma Mineral Owner's Subordination, its types, and the purpose it serves. 1. Surface Use Agreement Subordination: A Surface Use Agreement Subordination permits a mineral owner to subordinate their rights to the surface estate in favor of a third party, such as an oil and gas company. This agreement usually outlines the specific terms and conditions that govern the use of the surface estate for mineral extraction activities. 2. Construction Subordination: A Construction Subordination is a type of subordination agreement that allows mineral owners to delay or restrict construction activities related to the extraction of minerals on the surface estate. This agreement aims to protect the surface owner's property and minimize disruption caused by construction activities. 3. Infrastructure Subordination: Infrastructure Subordination refers to the subordination of rights associated with the installation and maintenance of support infrastructure, such as pipelines, roads, wellheads, or storage facilities for mineral extraction activities. This agreement ensures that the mineral owner's needs are met while minimizing the impact on the surface estate. 4. Surface Damage Compensation Agreement (SDA) Subordination: An SDA Subordination allows the mineral owner to acknowledge and subordinate their rights to a surface damage compensation agreement. This agreement clarifies the responsibilities of the parties involved and safeguards the interests of both the mineral owner and the surface estate owner. 5. Colocation Subordination: Colocation Subordination is employed when multiple mineral owners wish to extract minerals from the same surface estate. This agreement ensures fair and efficient use of the surface estate without disrupting the activities of other mineral owners. 6. Hierarchy of Subordination: In Oklahoma, if multiple subordination agreements exist, they may be prioritized based on a hierarchy defined by state regulations. Understanding this hierarchy is crucial as it determines the order in which the rights and responsibilities of the mineral owner and the surface estate owner are enforced. Conclusion: The myriad of subordination agreements available in Oklahoma aims to strike a balance between the interests of mineral owners and surface estate owners. By understanding the various types of subordination agreements, mineral owners can safeguard their rights while minimizing the impact on the surface estate. It is important for both parties involved to carefully evaluate and negotiate the terms and conditions to ensure a fair and mutually beneficial arrangement.
Oklahoma Mineral Owner's Subordination (of Rights to Make Use of Surface Estate)
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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.
Ownership types Surface rights owners own the surface and substances such as sand and gravel, but not the minerals. The company or individual who owns the mineral rights owns all mineral substances found on and under the property. There are often different surface and mineral owners on the same land.
Transfer By Will It is also possible to transfer or pass down mineral rights by will. The right to minerals transfers at the time of death to the individuals named as beneficiaries. If no specific beneficiaries to the mineral rights are designated, ownership passes to the property and real estate heir.
The ownership of rights to minerals, including oil and gas, contained in a tract of land. A mineral right is a real property interest and can be conveyed independently of the surface estate.
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.
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.
In Oklahoma, there are two major categories of land rights: surface rights and mineral rights. Surface rights are rights attached to the surface of the land. With surface rights, you have access to and the ability to build or otherwise use the surface of the land. Mineral rights are sub-surface rights.
There are two types of rights that may be included in land ownership: surface rights and mineral rights. A landowner may own the rights to everything on the surface, but not the rights to underground resources such as oil, gas, and minerals.