Hawaii Subordination by Lessee of Right to Use All or Part of Surface Estate

• Category: Oil Gas and Minerals - Subordination
• State: Multi-State
• Control #: US-OG-140
• Format: Word; Rich Text

Description

If the minerals have been severed from the surface of lands, with the mineral estate, in many states, being the dominate estate, the mineral owner has the right to make use of as much of the surface as is reasonably necessary to develop those minerals. If the minerals have been leased, and the surface owner desires the lessee not to enter on specific lands, the surface owner may obtain a subordination from the mineral lessee to that effect. This form addresses that situation.

Hawaii Subordination by Lessee of Right to Use All or Part of Surface Estate is a legal provision that allows a lessee (tenant) to voluntarily place their rights to use a specific portion or the entire surface estate of a property beneath the rights of another party. This type of subordination agreement is commonly used in real estate contracts and leases to address situations where two parties have conflicting rights or interests in the same property. One common scenario where Hawaii Subordination by Lessee of Right to Use All or Part of Surface Estate may arise is in cases of mineral rights. If a property owner has leased their land to a lessee for mineral extraction, the lessee may need to sublease or grant a separate right to a third party (such as an oil or gas company) to access and extract minerals from the land's surface estate. There are different types of Hawaii Subordination by Lessee of Right to Use All or Part of Surface Estate depending on the specific needs and circumstances of the parties involved: 1. Partial Subordination: This form of subordination allows the lessee to retain some rights to use the land's surface estate while granting superior rights to another party. For example, a lessee with rights to operate wind turbines on a property may partially subordinate their rights to a solar company wishing to install solar panels on the same land. 2. Full Subordination: In this case, the lessee relinquishes all rights to use the surface estate, granting complete superiority to another party. An example could be a lessee who has leased land for agricultural purposes subordinating their rights to allow a construction company to build a road or infrastructure on the property. 3. Time-Limited Subordination: This type of subordination agreement sets a specific time period during which the lessee's rights are subordinated. It allows for flexibility and ensures that the lessee regains their rights once the specified period expires. For instance, a lessee who needs to temporarily sublease a portion of their land to another party for a construction project may agree upon a time-limited subordination. It is important to note that Hawaii Subordination by Lessee of Right to Use All or Part of Surface Estate agreements must be carefully drafted, reviewed, and signed by all parties involved to legally protect the interests and rights of each party. Seeking legal advice from a qualified attorney or real estate professional is recommended to ensure compliance with Hawaii state laws and the specific circumstances of the situation.