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Michigan Surface Use by Lessee and Accommodation With Use of the Surface

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US-OG-829
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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.

Michigan Surface Use by Lessee and Accommodation With Use of the Surface refers to the legal and operational aspects of utilizing the land surface for various purposes by a lessee, typically in the context of oil and gas exploration or mining activities. These rights and accommodations are typically governed by lease agreements and regulations set forth by the state of Michigan. In Michigan, there are various types of surface use and accommodations that lessees may engage in, which primarily depend on the nature of the leased activity and the specific terms of the lease agreement. Some prominent types include: 1. Exploration and Production Activities: Lessees may engage in surface use for exploration and production of oil, natural gas, minerals, or other valuable resources found beneath the land surface. This could involve excavation, drilling, well construction, and related activities. 2. Construction and Infrastructure Development: Depending on the lease and the requirements of the exploration or production activities, lessees may need to construct various infrastructure elements like access roads, pipelines, storage facilities, processing plants, or compressor stations. These constructions often require temporary or permanent use of the surface. 3. Environmental and Ecological Compliance: In accordance with state and federal regulations, lessees must ensure compliance with environmental and ecological standards. This may involve taking necessary precautions, such as implementing erosion control measures, minimizing water and air pollution risks, and preserving sensitive habitats or endangered species. 4. Surface Restoration and Reclamation: After completing their activities, lessees are often required to restore the land surface and reclaim the disturbed areas. This may include reseeding vegetation, stabilizing slopes, restoring natural drainage patterns, and remediating any potential environmental damage caused during exploration or production. 5. Compensatory Agreements and Surface Use Payments: In certain cases, Michigan Surface Use by Lessee and Accommodation With Use of the Surface may involve compensatory agreements. These agreements may require lessees to provide monetary compensation to surface owners for the impacts caused by their activities. Such compensatory payments can vary depending on factors like land value, potential damages, or inconvenience caused. It is pertinent for lessees to comply with Michigan laws and regulations, obtain the required permits, and collaborate with surface owners to ensure responsible surface accommodations. Communication, negotiation, and adherence to environmental regulations are crucial aspects of maintaining a harmonious relationship between lessees and surface owners, while minimizing negative impacts on ecosystems and local communities.

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FAQ

As the landowner, you own both your land and the minerals beneath your land. Therefore you have the right to negotiate an acceptable lease or to refuse an offer, unless the mineral rights were severed from the surface rights by a previous owner and were never purchased by you.

Courts in some states have adopted an ?accommodation? doctrine, which in a general sense imposes an obligation on a mineral developer to conduct operations in a way which poses the least interference with ongoing surface use.

Also known as a mineral estate, mineral rights are just what their name implies: The right of the owner to utilize minerals found below the surface of property. Besides minerals, these rights can apply to oil and gas. Interestingly, mineral rights can be separate from actual land ownership.

Mineral rights can expire if the owner does not renew them or if they go unclaimed for a certain period of time. Mineral rights can also be sold, fractionalized, or transferred through gifting or inheritance.

Transfer by deed. If you want to sell the mineral rights to another person, you can transfer them by deed. You will need to create a mineral deed and have it recorded. You should check with the county Recorder of Deeds in the county where the land is located and ask if a printed mineral deed form is available to use.

The Dormant Mineral Act provides that any interest in oil or gas in any land owned by any person other than the surface owner that has not been sold, leased, mortgaged, or transferred by an instrument recorded in the office of the register of deeds for 20 years is deemed abandoned if (1) a drilling permit is not ...

Mineral rights ownership information can be found with the register of deeds in the county where the land is located.

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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 ... A mineral right is a property right and may be sold, transferred, or leased similar to other property rights. Mineral rights are distinct from “surface rights,” ...A Michigan statute that might be of use to surface owners is the Marketable Record Title Act, MCL 565.101 et seq. This act can serve to quiet title (meaning ... Sep 5, 2007 — Any notices to Lessor or to Lessee required by this Lease shall be complete if submitted in writing and transmitted by personal delivery ... Historically, the mineral owner generally had a broad and expansive right to use the surface in any manner reasonably necessary for extraction of the minerals. Our platform has lawyers that specialize in surface use agreements. A surface use agreement is a legal document that outlines the specific terms and conditions ... Jul 20, 2023 — A contract to protect your surface should be agreed upon with the mineral owner during the actual oil and gas lease negotiations. Assuming that ... (i) UNAUTHORIZED USE OF MAILING ADDRESS: Only a Tenant may use the mailing address of the ... Tenant's occupancy, Landlord must complete a termination inventory ... A "rooming house" under this act shall be construed to mean any dwelling occupied in such a manner that certain rooms, in excess of those used by the members of ... An in-depth discussion about rental housing law in an easy-to-read question-and-answer format;. •. Important timelines that outline the eviction process and ...

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Michigan Surface Use by Lessee and Accommodation With Use of the Surface