Kentucky Subordination of Surface Rights Agreement (Subordination by Mineral Owner)

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Multi-State
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US-OG-1146
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This form is a subordination of surface rights agreement with subordination by mineral owner.

Title: Understanding the Kentucky Subordination of Surface Rights Agreement (Subordination by Mineral Owner) Introduction: A Kentucky Subordination of Surface Rights Agreement, specifically subordination by the mineral owner, is a legal contract that addresses the relationship between the surface owner and the mineral owner. This agreement outlines the rights, obligations, and limitations of each party regarding mineral extraction and accessing the surface land. Keywords: Kentucky, Subordination of Surface Rights Agreement, Mineral Owner, Agreement Types 1. Purpose and Scope of the Agreement: The Kentucky Subordination of Surface Rights Agreement (Subordination by Mineral Owner) aims to clarify the rights and responsibilities associated with mineral exploration and extraction on a surface property. It ensures a harmonized relationship between mineral and surface owners. 2. Key Elements of the Agreement: — Consent: The agreement clarifies that the surface owner has granted the mineral owner the right to enter the property for exploration, drilling, and other mineral-related activities. — Surface Damage Mitigation: The agreement may include provisions defining the methods and compensation for any surface damage that may occur during mineral extraction. — Access Rights: The document may specify the surface owner's responsibility to provide the necessary access for the mineral owner to pursue mining operations effectively. — Timeframe: The agreement can set a duration for which the mineral owner holds the subordination rights over the surface property. — Environmental Considerations: The agreement may require the mineral owner to adhere to specific environmental protection measures during mineral extraction, ensuring minimal harm to the surface land. 3. Types of Subordination of Surface Rights Agreement in Kentucky: — Surface Lease: This type of agreement grants the mineral owner certain rights over the surface property in exchange for financial compensation. — Easement: An easement agreement allows the mineral owner to access and conduct mineral-related operations on the surface property while also detailing compensation or damage mitigation arrangements. — Surface Use Agreement: This agreement permits the mineral owner to use the surface property but may involve additional conditions regarding land restoration post-mineral extraction. 4. Benefits of a Kentucky Subordination of Surface Rights Agreement: — Clear Roles and Responsibilities: The agreement delineates the rights and responsibilities of the mineral owner and surface owner, preventing potential conflicts. — Fair Compensation: By specifying surface damage mitigation and compensation terms, the agreement ensures that the surface owner receives fair payment for any adverse effects caused by mineral extraction. — Environmental Protection: The agreement may include provisions to safeguard the environment, ensuring sustainable and responsible mining practices are followed. — Legal Protection: Having a written agreement provides legal protection for both parties involved in case of disputes or deviations from the agreed-upon terms. Conclusion: A Kentucky Subordination of Surface Rights Agreement (Subordination by Mineral Owner) defines the relationship between surface and mineral owners, ensuring equitable rights, responsibilities, and compensation during mineral extraction processes. By addressing potential conflicts, mitigation measures, and environmental protection, this agreement serves as a vital tool in fostering a balanced relationship between the two parties.

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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.

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.

A landowner may own the rights to everything on the surface, but not the rights to underground resources such as oil, gas, and minerals. In the United States, landowners possess both surface and mineral rights unless they choose to sell the mineral rights to someone else.

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 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.

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.

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How to fill out Subordination Of Surface Rights Agreement (Subordination By Mineral Owner)? When it comes to drafting a legal document, it's easier to delegate ... How to fill out Mineral Owner's Subordination (of Rights To Make Use Of Surface Estate)? When it comes to drafting a legal document, it's better to delegate it ...Apr 20, 2023 — We discuss what is a subordination agreement and what mineral owners should know about how they can impact the value of your interests. by JS Dycus · Cited by 32 — In the absence of any express agreement, the parties to a mineral deed or lease are deemed to have intended the creation of an ease- ment in the mineral owner. by RM Pfeiffer · Cited by 19 — where deed granted mineral owner the right to use the surface in any manner that might ... present owners of the surface rights may enter into a written agreement. by CS Bratt · Cited by 6 — Watson,24 Kentuck- y's highest court squarely faced the twin issues of the right of the mineral owner under a broad form deed to employ modern surface mining ... This Agreement is entered into by and among the Fayette County Rural Land. Management Board, Inc. (the “Board”), a Kentucky non-profit corporation, ... The Royalty Owner Forms Program has over 121 different forms that deal with transactions in which mineral, royalty, and landowners are involved. Kanes Forms ... THIS SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT (this “Agreement”), is executed as of March 27, 2012, to be effective as of March 27, 2012 by and ... Owners - Surface/Coal Mining Rights: Western Diamond LLC and Western Mineral ... the Intercompany Subordination Agreement dated December 21, 2012 among the ...

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Kentucky Subordination of Surface Rights Agreement (Subordination by Mineral Owner)