California Mineral Owner's Subordination (of Rights to Make Use of Surface Estate) is a legal provision that governs the relationship between mineral owners and surface estate owners in California. This subordination allows mineral owners to access and extract minerals underground while granting them limited rights to use the surface estate for exploration, drilling, and transportation purposes. However, these rights are subject to certain restrictions and guidelines to ensure the smooth functioning and preservation of both the mineral resources and the surface estate. One type of California Mineral Owner's Subordination is the Temporary Surface Use Agreement. This agreement allows the mineral owner to temporarily access and use the surface estate for a specified period, usually during mineral exploration or drilling activities. It outlines the terms, conditions, and compensation arrangements between the mineral owner and the surface estate owner. Another type is the Permanent Surface Use Easement. This easement grants the mineral owner the perpetual right to use and access the surface estate for mineral extraction and related activities. In this case, both parties negotiate and establish the terms and compensation for granting the mineral owner these permanent surface rights. Furthermore, the California Mineral Owner's Subordination ensures that the surface estate owner's rights are protected and compensated for any damages or disruptions caused by the mineral owner's activities. This may involve compensation for surface damages, loss of land use, disturbance to existing structures or crops, and other related considerations. The subordination also regulates the environmental impact of mineral extraction on the surface estate. It may include provisions for reclamation and restoration of the surface estate after mineral extraction is complete, ensuring the land is restored to its original condition or repurposed for other uses that align with local regulations and land management plans. Overall, the California Mineral Owner's Subordination (of Rights to Make Use of Surface Estate) is a crucial legal framework that balances the interests of mineral owners and surface estate owners. It provides guidelines for the temporary or permanent use of surface estate for mineral extraction, while addressing compensation, environmental concerns, and the preservation of the surface estate's integrity.
California Mineral Owner's Subordination (of Rights to Make Use of Surface Estate)
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In many states, the owners of the land are not necessarily the owners of the minerals. When the surface and subsurface (mineral) estates are owned by different parties, they are referred to as split estate or severed estate lands.
The federal law governing locatable minerals is the Mining Law of 1872 (), which declared all valuable mineral deposits in land belonging to the United States to be free and open to exploration and purchase.
Example of a Subordination Agreement A standard subordination agreement covers property owners that take a second mortgage against a property. One loan becomes the subordinated debt, and the other becomes (or remains) the senior debt. Senior debt has higher claim priority than junior debt.
Subordination agreements are used to legally establish the order in which debts are to be repaid in the event of a foreclosure or bankruptcy. In return for the agreement, the lender with the subordinated debt will be compensated in some manner for the additional risk.
To find out if you own the mineral rights to your land you can go to the county clerk's office in your town and they can help you find the historical land ownership records. You'll need to locate the deed for your property.
A subordination agreement establishes one debt as ranking behind another in priority for collecting repayment should a debtor default. Considered to be a type of subordinated debt, junior debt has a lower priority for repayment than other debt claims in the case of default.
Subordination Agreements ? Oil and Gas Leasing This arrangement allows the oil and gas company to continue producing from their wells without interruption and the mortgage company to keep receiving payments, even if the landowner defaults on the mortgage.
A subordination agreement is one where the lending party agrees to assign the pre-existing lien a lower priority to a subsequent oil and gas lease. As a result, it is as if the lease had been executed and recorded prior to the lien.