Houston Texas Surface Tenant's Consent for Subordination to An Oil, Gas, and Mineral Lease

State:
Multi-State
City:
Houston
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.

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

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FAQ

Mineral rights are a form of real property, and they are governed by the same principles of marital property law as other real estate. If the mineral rights were owned before marriage, they are separate property.

A property's surface rights entitle the owner for use of everything above the ground within the property boundaries. This includes structures like buildings and fences, as well as trees and water access rights. Subsurface rights, as the name suggests, refer to the ownership of the land below a property's surface.

This is important to keep in mind, especially if you consider purchasing a piece of land that already has a structure built. The surface estate would include the house and everything else on the property, while the mineral estate would only include the resources below ground.

MINERAL RIGHTS IN TEXAS. U.S. property owners have rights not only to the surface of their land and all structures, but also to everything that lies below the surface. This means that the property owner may control minerals, like gas and oil, that may exist below the surface.

This means that a mineral owner (or lessees, as the case frequently is) has the right to use as much of the surface estate as is reasonably necessary for the production of minerals like oil and gas without compensation to the surface owner.

Surface Waiver and Accommodation Agreements The broadest contractual limitation is a surface waiver agreement through which the owner of the mineral estate waives the right to use the surface of the land where the project is located. Mineral owners may not be inclined to sign such a broad limitation.

Surface Agreements means any contracts, rights, permits, permissions or licenses to use of the surface estate as related to the Assets, including any surface leases, surface use rights or agreements or any similar surface rights, agreements or licenses relating to the Assets.

Surface rights give the owner the right to use the surface of the land for residential, agricultural, commercial and other purposes. Mineral rights entitle the owner to own and exploit any natural resources found beneath the land.

Surface rights include physical structures, trees, plants, and water. In some states, surface rights only include ownership to a particular soil depth. For example, you have enough soil ownership to plant trees or other plants but may not be able to drill for oil and gas.

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Houston Texas Surface Tenant's Consent for Subordination to An Oil, Gas, and Mineral Lease