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