Arkansas Waiver of Lease Provision by Owner of Surface of Lands is a legal agreement that allows the owner of surface lands in Arkansas to waive the lease provision in favor of another party. This provision is commonly used in situations where the landowner wants to give up their right to lease the land for a specific period of time or to a specific tenant. The Arkansas Waiver of Lease Provision by Owner of Surface of Lands can be categorized into two types: 1. Temporary Waiver: This type of waiver allows the landowner to temporarily suspend the lease provision for a specified period. During this time, the landowner can use the land for personal or other purposes without any restrictions imposed by the lease agreement. It provides flexibility to the landowner without completely terminating the lease agreement. 2. Permanent Waiver: In this type of waiver, the landowner permanently waives the lease provision. This means that the landowner surrenders their right to lease the land or engage in any leasing activities in the future. It provides a more permanent solution for situations where the landowner has no intention to lease the surface lands anymore. The Arkansas Waiver of Lease Provision by Owner of Surface of Lands is beneficial to both the landowner and any potential lessee. For the landowner, it grants them greater control over the use of their property and the flexibility to explore other options. On the other hand, potential lessees benefit from knowing that the land is available for use without any leasing restrictions. This provision is commonly used in various scenarios such as when a landowner wants to use their property for personal farming or recreational activities, wants to develop the land without leasing it, or wants to transfer ownership without any leasing obligations. Keywords: Arkansas, waiver of lease provision, owner of surface lands, temporary waiver, permanent waiver, flexible land use, leasing restrictions, personal farming, recreational activities, land development, ownership transfer.
Arkansas Waiver of Lease Provision by Owner of Surface of Lands
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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.
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.
Mineral rights are ownership rights that allow the owner the right to exploit minerals from underneath a property. The rights refer to solid and liquid minerals, such as gold and oil. Mineral rights can be separate from surface rights and are not always possessed by the property owner.
A common industry standard for primary term is three to five years, although depending on circumstances, terms of less than three years are not uncommon. This window of time is intended to allow a Lessee to explore for mineral resources before the leased mineral rights transfer back to the mineral owner.
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.
