Arkansas Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within Specified Distance of Structure
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How to fill out Waiver Of Lease Provision By Lessor Who Owns Surface, Prohibiting Drilling Within Specified Distance Of Structure?
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FAQ
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.
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.
Under the doctrine of indivisibility, a single well, capable of commercial production, would hold the entire acreage by production (HBP). This concept became more than an irritant to many land owners who unknowingly placed these large tracts of land on the same lease.
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.
The amount that a spouse gets under dower and curtesy depends on whether they have children. The surviving spouse is entitled to one third of the dead spouse's real property. If there are no children, the surviving spouse is entitled to half.
Negotiating an oil and gas lease will require some research upfront. If you're a landowner interested in working with an oil and gas company, you should explore their history and experience. You'll want to work with a reputable company that works in your best interests, holds a high standard, and maintains insurance.
