North Carolina Surface Use by Lessee and Accommodation With Use of the Surface

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US-OG-829
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Description

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.

North Carolina Surface Use by Lessee and Accommodation With Use of the Surface refers to the legal framework and regulations pertaining to the utilization of surface rights by lessees, especially in the context of natural resource extraction or leasehold development. These provisions are designed to ensure the responsible and sustainable use of the surface and address the potential conflicts between surface owners and lessees. In North Carolina, surface use by lessees is typically governed by agreements or contracts reached between the lessee and the surface owner. This agreement outlines the terms and conditions regarding the use, entry, and access to the surface property for various activities carried out by the lessee. The lessee may include individuals, companies, or entities engaged in activities like mining, drilling, logging, construction, or any other form of development. The Surface Use by Lessee agreements in North Carolina specify the rights and responsibilities of the lessee, including the extent of the surface area to be utilized, operational limitations, and compliance with environmental regulations. The agreements also address compensation mechanisms for potential damages caused to the surface property during the authorized activities. Similarly, Accommodation With Use of the Surface refers to the legal requirement for lessees to accommodate surface owners by minimizing disruptions and compensating for any interference caused during the use of the surface. This ensures that the surface owners' rights and interests are protected, and they are fairly compensated for any adverse effects resulting from the lessee's operations. Various types of North Carolina Surface Use by Lessee and Accommodation agreements include: 1. Mining Surface Use Agreements: Pertaining to the use of surface lands for mineral extraction activities, such as coal, limestone, or gold mining. 2. Oil and Gas Surface Use Agreements: Covering the utilization of surface lands for drilling, extraction, and production operations related to oil and gas resources. 3. Timber Harvest Surface Use Agreements: Addressing the logging or clear-cutting activities on surface lands for commercial timber harvesting. 4. Wind Energy Generation Surface Use Agreements: Governing the utilization of surface lands for the installation and operation of wind turbines for renewable energy production. 5. Solar Energy Generation Surface Use Agreements: Covering the use of surface lands for the development and operation of solar power plants or arrays. North Carolina Surface Use by Lessee and Accommodation With Use of the Surface regulations aim to strike a balance between resource extraction and the protection of surface owners' rights, safeguarding environmental considerations, and promoting sustainable economic development. Compliance with these regulations ensures responsible usage of surface lands and minimizes potential conflicts between lessees and surface owners.

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FAQ

In Texas, Oklahoma, Colorado and Montana, mineral owners can own the mineral rights indefinitely and there is no way for them to passively revert to the surface owner. If a surface owner wants to own the mineral rights under their land, they must find and contact the mineral owners and offer to purchase them.

Michigan has a Dormant Mineral Act, mineral rights revert back to the surface unless one of the following conditions is met: The severed interest is sold, leased, mortgaged, or transferred by recorded instrument. A drilling permit is issued. Oil or gas is actually produced or withdrawn from the severed property.

Under the Accommodation Doctrine, the surface owner must generally show that the particular surface activities are not ?reasonably necessary? to extract the oil or gas. Haupt Inc. v. Tarrant County Water, 870 S.W.

A property that consists of both surface and mineral estates but is being owned separately is called a split or severed estate. There is sometimes some confusion about who owns the minerals on the land you just bought or if the land belonged to your family's generations.

Finding Out Who Owns Your Mineral Rights in Texas Online Databases. County Clerk's Office. Land Title Companies. Public Land Survey System (PLSS)

Where the mineral rights on a proposed project site have been severed, the developer is the owner or tenant of the surface estate, but a third party party holds the mineral estate.

Owning mineral rights (often referred to as a "mineral interest" or a "mineral estate") gives the owner the right to exploit, mine, and/or produce any or all minerals they own. Minerals can refer to oil, gas, coal, metal ores, stones, sands, or salts.

An owner can separate the mineral rights from land by: Conveying (selling or otherwise transferring) the land while retaining the mineral rights. (This is accomplished by including a statement in the deed conveying the land that reserves all rights to the minerals to the seller.)

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North Carolina Surface Use by Lessee and Accommodation With Use of the Surface