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Subsurface Underground Gas Storage Lease and Agreement (From a Surface Owner, With No Right to Use the Surface of the Lands being Granted)

State:
Multi-State
Control #:
US-OG-1149
Format:
Word; 
Rich Text
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Description

This form is a subsurface underground storage lease and agreement from a surface owner with no rights to use the surface of the lands being granted.
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FAQ

Subsurface rights are the right to the earth below the land, and any substances found beneath the land's surface.Subsurface rights usually include the right to oil, minerals and even water that's found beneath the land's surface. Like surface and air rights, subsurface rights can be bought, leased or sold alone.

Like land, mineral rights are conveyed through a deed transferring ownership to the buyer. While the property deed will reference the mineral rights transfer at the time of the separation of land and mineral rights, subsequent sales of the land will not.

Mineral rights are automatically included as a part of the land in a property conveyance, unless and until the ownership gets separated at some point by an owner/seller.Conveying (selling or otherwise transferring) the land but retaining the mineral rights.

Ruth Hersh, Real Estate Agent EXIT Success Realty. Owner of land allowing another to use space under the ground, such as to install a sewer or gas line.

You can retain your mineral rights simply by putting an exception in your sales contract, provided that the buyer agrees to it, of course. If you sell your house with no such legal clarification, then those mineral rights automatically transfer to the buyer.

Subsurface rights are the rights to extract minerals from below the surface of the land.

Why are subsurface rights considered dominant over surface rights?Because owners of subsurface rights must have access to the surface of the property for the placement of such things as drilling or pumping rigs.

If you want to sell the mineral rights to another person, you can transfer them by deed. You will need to create a mineral deed and have it recorded. You should check with the county Recorder of Deeds in the county where the land is located and ask if a printed mineral deed form is available to use.

When mineral rights are owned by a third party, it may affect your use of the surface in the future. Surface rights are subservient to mineral rights, which means the owner of a mineral servitude will be able to access and use the surface to extract the minerals from underneath.

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Subsurface Underground Gas Storage Lease and Agreement (From a Surface Owner, With No Right to Use the Surface of the Lands being Granted)