Broward Florida Surface Tenant's Consent for Subordination to An Oil, Gas, and Mineral Lease

State:
Multi-State
County:
Broward
Control #:
US-OG-310
Format:
Word; 
Rich Text
Instant download

Description

This form is used when a Tenant is the lessee under a (Surface Lease, Agricultural Lease, Grazing Lease, etc.) which covers all or a portion of the Land and the Operator, the owner of the Lease and the Lessee, desires that the Tenant subordinate the Tenant's rights to the leasehold estate and rights created by the Lease.

Broward Florida Surface Tenant's Consent for Subordination to an Oil, Gas, and Mineral Lease is a legal document that grants permission to a tenant to subordinate their rights regarding the usage of the surface area of a property to an Oil, Gas, and Mineral Lease. Essentially, it allows the owner of the property to lease or grant rights for the exploration, extraction, and development of oil, gas, and mineral resources to a third party, while ensuring that the tenant's interests are protected. In regard to different types of Broward Florida Surface Tenant's Consent for Subordination to an Oil, Gas, and Mineral Lease, there may not be any specific variations exclusive to Broward County. However, it is essential to note that the terms and conditions of the consent may vary depending on the specific lease agreement, property characteristics, and the requirements of the parties involved. When drafting this consent form, certain crucial information must be included. These may consist of: 1. Parties Involved: Clearly identify the names, addresses, and contact information of both the surface tenant and the property owner/landlord. Include any additional parties that may be involved, such as the lessee of the mineral rights. 2. Property Description: Provide a detailed description of the property where the surface tenant holds the lease. This should include the legal description of the property, such as the lot of number, block number, or any other identifiable information. 3. Lease Agreement Details: Include specific information about the oil, gas, and mineral lease agreement, which will be subordinated to the tenant's consent. This should comprise the effective date, term, and any additional provisions that may affect the tenant. 4. Consent and Agreement: Clearly state that the surface tenant consents to subordinating their rights to the oil, gas, and mineral lease and acknowledges that the lease will take precedence over their lease or rights regarding the surface area. 5. Restrictions and Limitations: Specify any restrictions or limitations imposed on the lessee of the mineral rights to minimize disturbances or damages caused to the tenant's usage of the surface area. This could include guidelines for access, construction, preservation of existing structures, restoration obligations, and liability clauses. 6. Indemnification: Include an indemnity clause to protect the surface tenant from any potential damages, losses, or legal actions arising from the activities associated with the oil, gas, and mineral exploration, extraction, or development. 7. Legal Compliance: Ensure that the consent form complies with all relevant legal requirements, statutes, and regulations applicable to Broward County, Florida. It is crucial for both the property owner/landlord and the surface tenant to seek legal counsel when drafting or reviewing the Broward Florida Surface Tenant's Consent for Subordination to an Oil, Gas, and Mineral Lease to protect their respective interests.

How to fill out Broward Florida Surface Tenant's Consent For Subordination To An Oil, Gas, And Mineral Lease?

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FAQ

The State Land Board owns approximately 1.2 million acres of mineral estate where the surface estate above is owned by another party (?split? or ?severed? estate). Under Colorado law, the mineral estate owner is granted rights to access their mineral ownership, even if the surface is owned by another party.

One quick and dirty approach is the ?rule of thumb.? Those following the rule of thumb say that mineral rights are worth a multiple of three to five times the yearly income produced. For example, a mineral right that produces $1,000 a year in royalties would be worth between $3,000 and $5,000 under the rule of thumb.

Not only that, but, if a conflict arises, Florida courts have held that the rights of the mineral owner are dominant and superior to the rights of the surface owner.

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.

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.

(a) before the lapse of the interest in minerals to which the claim applies is void 6 years after the statement of claim is recorded if the interest in minerals does not lapse within that 6-year period.

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. An owner can separate the mineral rights from land by: Conveying (selling or otherwise transferring) the land but retaining the mineral rights.

Check your current ownership documents: title, deed and purchase agreement. One of these may spell out ownership of mineral rights. If not, contact the property appraiser's office in your county or check online databases at the county clerk's office for sales records, but they are incomplete.

After a divorce, mineral rights can be transferred by submitting the divorce decree and conveyances to the county (where the minerals are located) for recording. They usually go to the same agency that records titles and property deeds. The county will return the recorded original documents to the new owner.

More info

(41) "Nomination" means a proposal for an oil and gas lease. Owner of such mineral, oil, gas or other subsurface rights.Tenant Under Farm Lease May Have Rights Under Pipeline Right-Of-Way Agreement. 7 Parcel. Courses related to brake systems will be included in the curriculum. Shellfish and aquaculture leases and marine mining royalty payments. There is even more reason than in the oil and gas context to maximize recovery of the entire U.S. offshore wind resource. 3 Public Rights of Way. Official Records Book 27613 at Page 0551 in the Public Records of MiamiDade County, Florida. 8. (Surface Mining and Reclamation Act).

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Broward Florida Surface Tenant's Consent for Subordination to An Oil, Gas, and Mineral Lease