A Mississippi Waiver of Lease Provision by Owner of Surface of Lands is a legal document that relinquishes the rights of the owner of the surface of lands to any lease provisions related to the property. This type of waiver is often used in situations where there is a separate entity or individual who owns the minerals or subsurface rights to the property. The purpose of the Mississippi Waiver of Lease Provision is to ensure that the owner of the surface of lands is not bound by any lease agreements or provisions made by the owner of the mineral rights. By signing this waiver, the surface owner acknowledges that they have no claim or interest in any proceeds, benefits, or obligations arising from any leases related to the minerals or subsurface rights. There are various types of Mississippi Waiver of Lease Provision by Owner of Surface of Lands, including: 1. General Waiver: This type of waiver releases the surface owner from any lease provisions related to the property, regardless of the specific details outlined in the lease agreement. It provides a broad release of any rights or claims the surface owner may have. 2. Specific Waiver: In some cases, the surface owner may want to waive only specific lease provisions that are in their best interest. This type of waiver allows the owner to selectively release certain obligations or benefits of the lease, while retaining others. 3. Partial Waiver: In situations where the surface owner only wants to waive the lease provisions for a specific time period or a particular portion of the property, a partial waiver can be used. This waiver temporarily suspends the surface owner's rights and obligations under the lease for the designated period or area. 4. Limited Waiver: A limited waiver is employed when the surface owner wants to maintain some control over the lease provisions while still releasing certain rights. This type of waiver may specify the conditions or limitations under which the surface owner's obligations or benefits will be waived. It is essential to consult with a legal professional experienced in Mississippi real estate law when considering a Waiver of Lease Provision by Owner of Surface of Lands. They can provide guidance on the specific type of waiver that suits your needs and ensure that your rights are protected throughout the process.
Mississippi Waiver of Lease Provision by Owner of Surface of Lands
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Waiver is defined as follows: When the landlord knows that the tenant is breaching the lease, yet conducts the landlord-tenant relationship in the normal course (for example, accepts rent and otherwise does nothing to object to the violation of the lease), then the court may infer that the owner has waived, or forgiven ...
You can waive this notice in writing. Such an agreement is often called a ?Waiver of Notice to Quit.? For failure to pay rent, 10 days' notice is required. (For other lease violations, the notice must be 15 days for leases of less than a year and 30 days for leases of more than a year.)
A ?waiver of notice? in the lease agreement means that if a breach or violation of a lease occurs, that tenant has given up (waived) their right to receive notification of the violation, and allows the landlord to begin the eviction process without providing the tenant without any prior notice or warnings.
Any lease provision that is meant to waive one of the non-waivable rights is void and unenforceable.
A ?No Waiver? clause means that the landlord's failure to enforce any provision of the lease does not waive it, or render it unenforceable. For example, the lease might contain a late fee. If you pay your rent late, and the landlord does not charge you the late fee, that doesn't mean you don't owe it.
A surface use agreement, which is also sometimes referred to as a land use agreement, is an agreement between the landowner and an oil and gas company or an operator for the use of the landowner's land in the development of the oil and gas.
