New Jersey 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.

New Jersey Surface Use by Lessee and Accommodation With Use of the Surface is a legal term that refers to the rights and obligations of a lessee (also known as a tenant) of land in New Jersey regarding the use of the surface of that land. When a lessee enters into a lease agreement for a piece of land in New Jersey, they are typically granted certain rights to use the surface of the land for specific purposes. These rights may vary depending on the terms and conditions stated in the lease agreement. Under the concept of surface use by lessee, the lessee is generally allowed to utilize the surface of the land for activities such as construction, cultivation, grazing, mining, or any other purpose that is specifically mentioned in the lease. The lessee must comply with any limitations, restrictions, or requirements set forth in the lease agreement, as well as any applicable state or local laws and regulations. Accommodation with use of the surface refers to the obligation of the lessor (landowner) to accommodate the lessee's use of the surface, as long as it does not interfere with the lessor's rights or violate any provisions outlined in the lease agreement. This means that the lessor must not unreasonably restrict the lessee's surface use rights and must allow reasonable access to the land for the lessee's activities. There are different types of New Jersey Surface Use by Lessee and Accommodation With Use of the Surface, including: 1. Agricultural Surface Use: This includes activities related to farming, such as planting crops, raising livestock, or operating agricultural machinery on the leased land. 2. Commercial Surface Use: In case of commercial lease agreements, the lessee may be granted rights to use the surface for purposes such as building commercial structures, parking lots, or conducting business operations. 3. Industrial Surface Use: Industrial lease agreements often allow the lessee to utilize the surface for manufacturing, processing, storage, or other industrial activities that need specific infrastructure. 4. Recreational Surface Use: Some lease agreements may allow lessees to use the land surface for recreational activities like hunting, fishing, camping, or outdoor sports. It is important for both the lessee and the lessor to thoroughly understand the terms and conditions regarding surface use and accommodation outlined in the lease agreement. In case of any disputes or conflicts related to surface use rights, it is advisable to seek legal advice from an experienced real estate attorney in New Jersey.

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FAQ

As in Texas, operators in New Mexico are also subject to the common law Doctrine of Accommodation. The New Mexico Supreme Court adopted a rule similar to Texas' Accommodation Doctrine, which interpreted the rule to mean that the rights held by a mineral lessee create an implied easement by necessity.

BUREAU OF LAND MANAGEMENT: The BLM New Mexico Field Office maintains information on mineral rights and has a public information room at 301 Dinosaur Trail, Santa Fe, NM 87508, (505) 954-2000, where that information can be researched.

SOPA creates an obligation to pay damages where oil and gas operations result in any loss of: land value; agricultural production or income; use; access; or improvements.

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.

The general (common law) rule in the case of a split estate is that the mineral estate is ?dominant.? This means that the owner of the surface estate cannot prohibit the owner of the mineral estate from accessing and developing the minerals.

Surface rights in Pennsylvania These rights in Pennsylvania are those licenses to the surface interest of any property. This right covers the structure, farmland, or any above ground minerals like water bodies, trees and plants. This right was set ing to Pennsylvania ordinances and local laws.

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Add the Surface Use by Lessee and Accommodation With Use of the Surface for editing. Click the New Document button above, then drag and drop the sample to the ... First, there is no bright-line test in the application of the accommodation ... also depend on the technology used in the surface development. To date, no ...(a) The purpose of this chapter is to provide reasonable minimum requirements and standards, based upon scientific and engineering knowledge, experience and ... Nov 7, 2022 — significant changes in the existing surface contours and the placement of fill, ... A change to the basic purpose or use of a regulated activity ... 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. Jan 30, 2019 — In other words, the accommodation doctrine applies if the surface owner must establish that the lessee's surface use precludes (or substantially ... This chap- ter explains your rights when you use real estate or rental agencies to find housing. Rental referral agencies. Tenants looking for housing sometimes ... The Premises shall be occupied and used by Tenant solely for the purpose of conducting therein the Permitted Use. Tenant expressly acknowledges that its ... Jan 10, 2021 — Assign your rights to petroleum and natural gas surface leases with this template legal form for the Province of Alberta. These important laws cover rent control, property maintenance, and housing inspection. It is important for tenants to work together, on a building-, block-, ...

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New Jersey Surface Use by Lessee and Accommodation With Use of the Surface