This form is used when a Tenant is the lessee under a (Surface Lease, Agricultural Lease, Grazing Lease, etc.) which covers all or a portion of the Land and the Operator, the owner of the Lease and the Lessee, desires that the Tenant subordinate the Tenant's rights to the leasehold estate and rights created by the Lease.
Nebraska Surface Tenant's Consent for Subordination to an Oil, Gas, and Mineral Lease refers to a legally binding document that allows a surface tenant in Nebraska to grant the right to an oil, gas, and mineral company to access and use the surface and subsurface of their property for extraction and exploration purposes. This type of consent is crucial in situations where the surface tenant's rights may interfere with or impede the operations of the company's drilling activities. In Nebraska, there are typically two main types of Surface Tenant's Consent for Subordination to an Oil, Gas, and Mineral Lease: 1. Full Subordination: Full subordination occurs when the surface tenant fully agrees to subordinate their rights to the oil, gas, and mineral lease. By doing so, they willingly relinquish their priority rights to the company's operations. This type of consent is usually required when the oil, gas, and mineral company needs unrestricted access to the surface and subsurface to conduct exploration, drilling, or extraction activities. 2. Partial Subordination: In some cases, a surface tenant may opt for partial subordination. This means that they agree to allow limited access to their property or impose conditions on the company's activities. These conditions might include restrictions related to the timing and location of drilling, mitigation measures to minimize disruptions, or compensation for damages caused during the lease period. When drafting Nebraska Surface Tenant's Consent for Subordination to an Oil, Gas, and Mineral Lease, it is vital to include specific and relevant details. The document should typically encompass the following information: — Parties involved: Clearly identify the surface tenant, the oil, gas, and mineral company, and any other necessary entities or individuals taking part in the agreement. — Description of the property: Provide a detailed description of the property, including boundaries, acreage, and any improvements or structures present. — Purpose of the consent: Clearly state the purpose of the consent, which is to grant the oil, gas, and mineral company the right to occupy and use the surface and subsurface of the property for exploration, drilling, and extraction purposes. — Duration of the consent: Specify the duration for which the consent is granted, including any renewal or termination conditions. — Terms and conditions: Clearly outline any conditions, restrictions, or requirements imposed by the surface tenant, such as compensation for damages, restrictions on drilling locations, or mitigation measures. — Rights and obligations: Detail the rights and obligations of both parties, including the responsibilities of the surface tenant to cooperate and not hinder the company's operations, and the company's responsibility to minimize disruptions and restore the surface upon completion. — Indemnification and liability: Clearly state the extent of liability and indemnification, ensuring that the surface tenant is not held responsible for any accidents, damages, or environmental liabilities arising from the company's activities. — Governing law and jurisdiction: Specify the applicable laws and jurisdiction governing the agreement. To ensure legal effectiveness and validity, it is highly recommended that the Nebraska Surface Tenant's Consent for Subordination to an Oil, Gas, and Mineral Lease is reviewed by legal professionals knowledgeable in Nebraska state laws and regulations and tailored to the specific circumstances of the parties involved.
