Kansas 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.

Kansas Subordination by Lessee of Right to Use All or Part of Surface Estate refers to a legal agreement between a surface estate owner and a lessee (typically an oil or gas company), where the lessee temporarily acquires the rights to use the surface estate for exploration, drilling, and extraction activities. This agreement outlines the conditions, terms, and restrictions related to the use of the surface land by the lessee and establishes their obligations towards the surface estate owner. Oil and gas exploration and extraction require access to the surface land, which often involves disruption to the owner's use and enjoyment of the property. Subordination agreements aim to balance the rights and interests of both parties involved, ensuring that fair compensation is provided to the surface estate owner. In Kansas, there are several types of subordination agreements related to the right to use all or part of the surface estate: 1. Temporary Subordination: This type of agreement grants the lessee temporary rights to the surface estate for a specified period. It typically covers activities such as seismic testing, drilling, and the construction of temporary access roads or infrastructure. 2. Permanent Subordination: In certain cases, the lessee may require permanent access to the surface estate, especially when establishing permanent infrastructure such as pipelines or storage facilities. In such instances, the agreement grants the lessee the perpetual right to use the surface land. 3. Partial Subordination: When only a portion of the surface estate is needed for oil or gas activities, a partial subordination agreement is used. This type of agreement delineates the specific area to be utilized by the lessee, ensuring that the remaining land is still accessible and usable by the surface estate owner. These types of Kansas subordination agreements are crucial for facilitating oil and gas operations while protecting the rights of surface estate owners. It establishes the lessee's responsibility to mitigate any potential damages to the land, compensate the surface estate owner for the use of their property, and restore the land to its original condition once the activity is completed. Keywords: Kansas, subordination by lessee, right to use all, part of surface estate, surface estate owner, oil and gas exploration, drilling, extraction, temporary subordination, permanent subordination, partial subordination, compensation, mitigation, oil and gas operations.