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

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Multi-State
Control #:
US-OG-829
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Word; 
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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.

New York Surface Use by Lessee and Accommodation With Use of the Surface refer to specific legal provisions regarding the utilization and access to surface areas in New York City for various purposes. These regulations outline the rights and obligations of lessees (those who lease the surface area) and the accommodations provided for their surface use. In New York, there are several types of surface uses and accommodations that can be categorized as follows: 1. Commercial Surface Use: Commercial surface use involves the utilization of a designated surface area for commercial activities, such as setting up shops, offices, or conducting business operations. Lessees, usually business owners or organizations, enter into agreements to lease these surface areas for the required duration, often paying rent for the usage. 2. Residential Surface Use: Residential surface use pertains to the utilization of surface areas for residential purposes, such as constructing or leasing homes, apartments, or dwellings. Lessees in this context are individuals or families seeking a place to live and agree to specific terms and conditions outlined in the leasing agreement. 3. Recreational Surface Use: Recreational surface use involves the allocation of surface areas for recreational activities, such as parks, playgrounds, or sports facilities, for the public or private use. Lessees could vary from municipalities, private organizations, or event organizers, who lease the space for specific recreational purposes. 4. Industrial Surface Use: Industrial surface use refers to the allocation of surface areas for industrial activities, including manufacturing facilities, warehouses, or logistics centers. Lessees typically include businesses involved in industrial operations and may require specific accommodations or modifications to suit their needs. Regardless of the type of surface use, the New York Surface Use by Lessee and Accommodation With Use of the Surface typically includes provisions addressing various aspects, such as: — Lease Terms: Duration, renewal options, termination clauses, and rent payments. — Maintenance and Repairs: Who is responsible for the upkeep of the leased surface area, including repairs and damages caused during the lessee's use. — Modifications and Alterations: Whether the lessee is allowed to make changes or adaptations to the surface area subject to certain restrictions or permissions. — Liability and Insurance: Who bears the responsibility for any accidents, damages, or legal claims arising from the surface use and the associated insurance requirements. — Compliance with Regulations: Lessees are expected to adhere to relevant laws, permits, and regulations governing the specific type of surface use, ensuring all necessary approvals are obtained. — Access and Accommodations: Specific provisions may outline the rights of lessees concerning access to the surface area, including parking, utilities, security, or any additional accommodations required for their use. New York Surface Use by Lessee and Accommodation With Use of the Surface plays a crucial role in ensuring fair and regulated utilization of surface areas across the city. These provisions help establish clear rights and responsibilities for lessees, promoting a harmonious and beneficial relationship between them and the authorities responsible for managing the surface areas.

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FAQ

Mineral rights are the rights to any natural resources that are present beneath a piece of property, such as oil, gas, coal or even gold.

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.

States where minerals (the mineral estate)are often severed from the surface estate include: Texas, Oklahoma, Pennsylvania, Louisiana, Colorado, New Mexico and others where oil and gas has been produced for decades.

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.)

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.

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.

In the United States, mineral rights can be sold or conveyed separately from property rights. As a result, owning a piece of land does not necessarily mean you also own the rights to the minerals beneath it. If you didn't know this, you're not alone. Many property owners do not understand mineral rights.

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A local law, ordinance, resolution or regulation shall not prohibit in any class A multiple dwelling erected after April eighteenth, nineteen hundred twenty- ... This document provides information for use when filling out the PW1 form. It ... 5 the boundaries of fire districts shall be in accordance with the maps set forth ...Sep 2, 2002 — Use a straight edge when completing the final diagram - this assures a neat, precise sketch. g). Detached improvements will not be sketched ... 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 ... For SCRIE/DRIE applications for HDFC or Mitchell-Lama apartments, contact the NYC Department of Housing Preservation and. Development (HPD) at (212) 863-8494. Mar 26, 2013 — The owner of the surface estate generally may not develop the property surface in a manner that will prevent or unreasonably hinder the mineral ... Developable area accounts for any “no surface occupancy” area in the lease which prohibits permanent placement of an object, such as a wind turbine, on the ... This is a fully integrated custom code based on the 2018 International Property Maintenance Code. by J Fambrough · 2009 · Cited by 4 — The surface owner is entitled to an accommodation of estates if the mineral lessee has a reasonable alternative that would serve the public policy of mineral ... by KP Jones · Cited by 3 — (4) The lessee must show that any alternative use by it of the surface, other than its proposed use, is impracticable and unreasonable under the circumstances.

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