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.
Surface Tenant's Consent for Subordination to An Oil, Gas, and Mineral Lease
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Multi-State
Control #:
US-OG-310
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Word;
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How to fill out Surface Tenant's Consent For Subordination To An Oil, Gas, And Mineral Lease?
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FAQ
However, since mineral rights are a severed portion of the land rights themselves (they're separated from the land's "surface rights" and sold separately by deed, just like the land itself), they are usually considered real property.
A mineral lease is a contractual agreement between the owner of a mineral estate (known as the lessor), and another party such as an oil and gas company (the lessee). The lease gives an oil or gas company the right to explore for and develop the oil and gas deposits in the area described in the lease.
However, since mineral rights are a severed portion of the land rights themselves (they're separated from the land's "surface rights" and sold separately by deed, just like the land itself), they are usually considered real property.
As a mineral rights value rule of thumb, the 3X cash flow method is often used. To calculate mineral rights value, multiply the 12-month trailing cash flow by 3. For a property with royalty rights, a 5X multiple provides a more accurate valuation (stout.com).
Mineral rights are often sold separately from the land they are on. You may have title to the mineral rights on a property you own, or a previous owner may have sold or leased them in which case, they may not be yours to sell. But there is no need to abandon the idea of monetizing your mineral reserves!
2 Furthermore, ownership of such oil and gas constitutes ownership of a real property interest, as it is well settled in every jurisdiction that oil and gas in place are minerals, and as such they are part of the realty.3 Once oil and gas is produced, its legal character changes from real property to personal
Call the county where the minerals are located and ask how to transfer mineral ownership after death. They will probably advise you to submit a copy of the death certificate, probate documents (if any), and a copy of the will (or affidavit of heirship if there is no will).
Surface rights mean that you own the top of the land. Essentially, you'll own the grass, trees and any structures that are part of the land itself. All of the rights to these essential parts of the land will be owned once the title of the land has been transferred to your name.
An owner can separate the mineral rights from his or her land by: Conveying (selling or otherwise transferring) the land but retaining the mineral rights. (This is accomplished by including a statement in the deed conveying the land that reserves all rights to the minerals to the seller.)
