Arkansas Mineral Owner's Subordination (of Rights to Make Use of Surface Estate) is an agreement that defines the relationship between the owner of mineral rights and the owner of the surface estate in Arkansas. This legally binding document determines the priority and limitations concerning the use of land for mineral extraction activities. By subordinating their rights, mineral owners allow surface estate owners to use the property for non-mineral-related purposes. There are three types of Arkansas Mineral Owner's Subordination (of Rights to Make Use of Surface Estate): 1. Surface Use Agreement: This type of subordination involves a written agreement between the mineral owner and the surface estate owner. It outlines the rights and obligations of both parties concerning the use of the land for mining and surface-related activities. The agreement addresses issues such as access to the property, compensation for damages, and restoration requirements. 2. Access Easement: An access easement is a legal right granted to the mineral owner to access the property for mineral exploration, extraction, and development. This type of subordination allows the mineral owner to traverse the surface estate to access their mineral interests while ensuring the surface owner's rights are protected. The access easement may include details like the location of access points, routes, and any restrictions imposed on the mineral owner. 3. Surface Owner Protection Act (SOPA): The SOPA is a statutory framework implemented in Arkansas to safeguard the rights of surface estate owners. It establishes certain guidelines and restrictions on mineral owners to mitigate potential conflicts between surface and mineral rights. This acts as a form of subordination, offering surface owners recourse and protection against unnecessary damage and disruption caused by mineral activities. In summary, Arkansas Mineral Owner's Subordination (of Rights to Make Use of Surface Estate) encompasses various legal mechanisms, such as surface use agreements, access easements, and statutory protections, to balance the rights and interests of both mineral owners and surface estate owners. These subordination methods aim to promote effective communication, fair compensation, and responsible land use in the context of mineral extraction activities in Arkansas.
Arkansas Mineral Owner's Subordination (of Rights to Make Use of Surface Estate)
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FAQ
Whether mineral rights transfer with the property depends on the estate type. If it's a severed estate, surface rights and mineral rights are separate and do not transfer together. However, if it's a unified estate, the land and the mineral rights can be conveyed with the property.
The rule followed is generally known as the Strohacker Doctrine, named for the case of Missouri Pacific Railroad Co. v. Strohacker,s in which the Arkansas Supreme Court affirmed a chan- cery court decision that reservations of "coal and mineral deposits" in 1892 and 1893 deeds did not reserve the oil and gas.
A mineral deed conveys a seperate estate in minerals in Arkansas. You should use a mineral deed when you wish to deed away the mineral rights to property but not the surface rights. An Arkansas mineral deed is also used to transfer existing mineral rights among mineral owners.
Owning a property's ?mineral rights? refers to ownership of the mineral deposits under the surface of a piece of land. The rights to the minerals usually belong to the owner of the surface property, or surface estate.
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 most common way is through a will or estate plan. When the mineral rights owner dies, their heirs will become the new owners. Another way to transfer mineral rights is through a lease. If the mineral rights are leased to a third party, the new owner will need approval from the current lessee to claim them.
In the State of Arkansas when a person sells a piece of property the mineral rights automatically transfer with the surface rights, unless otherwise stated in the deed.
Since mineral rights can be sold separately from the land itself, even if you own the land, someone else may hold ownership of what's below it. And because of the intrinsic value of what's below the surface, the land itself may come with a price tag much higher than otherwise seen in the area.