This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.
Arkansas Top Leasing Prohibition
Category:
State:
Multi-State
Control #:
US-OG-838
Format:
Word;
Rich Text
Instant download
Description
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FAQ
Unlike other states, Arkansas is considered a heavily landlord-friendly area. It doesn't impose many regulations for Arkansas landlords, meaning that they may manage their rental agreement as they please. In essence, Arkansas gives a high grade of leverage to landlords over tenants regarding housing rights.
An attorney can create a deed or assignment that conveys the mineral rights to the new owners. The original deed will need to be recorded in the county where the minerals are located. If there are producing wells on the property, each operator will need to be notified of the change in ownership.
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.
Arkansas law provides rights to both residential tenants and landlords. Arkansas laws on such issues apply only to private rental units and not government-subsidized housing.
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.
Arkansas rent laws There is no rent control in Arkansas so landlords may charge whatever they consider a reasonable rate for their unit. But, before raising rent, landlords must provide notice of at least one rental period. This applies to both oral and written lease agreements.
