Ohio Surface Tenant's Consent for Subordination to An Oil, Gas, and Mineral Lease

State:
Multi-State
Control #:
US-OG-310
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Word; 
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Description

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.

Ohio Surface Tenant's Consent for Subordination to An Oil, Gas, and Mineral Lease is a legal document that allows the surface tenant of a property in Ohio to consent to the subordination of their rights to an oil, gas, and mineral lease. This consent is important when there is a conflict between the rights of the surface tenant and the rights of the owner of the mineral rights. By subordinating their rights, the surface tenant agrees to give priority to the oil, gas, and mineral lease over their own rights. The purpose of this consent is to ensure that the development and extraction of oil, gas, and minerals can proceed efficiently and without hindrance. It provides legal protection to both the owner of the mineral rights and the lessee by establishing the precedence of the lease and protecting it against any potential claims or actions by the surface tenant. There are different types of Ohio Surface Tenant's Consent for Subordination to An Oil, Gas, and Mineral Lease, depending on the specific terms and conditions agreed upon by the parties involved. Some key variations of this consent may include: 1. Mandatory Consent: This type of consent is required by law when a surface tenant's property is subject to an oil, gas, and mineral lease. It ensures that the surface tenant's rights are subordinate to the lease and prevents any potential disputes or challenges. 2. Voluntary Consent: In some cases, a surface tenant may voluntarily consent to the subordination of their rights to an oil, gas, and mineral lease. This can occur when the tenant sees potential benefits in allowing the extraction or when they negotiate favorable terms, such as compensation or environmental protections. 3. Limited Consent: This type of consent may include specific limitations or conditions on the activities covered by the oil, gas, and mineral lease. It allows the surface tenant to retain some control over certain aspects of their property, providing them with a level of protection and control. 4. Consent with Compensation: In certain cases, the surface tenant may require compensation in exchange for subordinating their rights. This can include monetary compensation, agreements on reclamation, or other benefits negotiated between the parties. It is important for all parties involved to understand the implications and provisions of the Ohio Surface Tenant's Consent for Subordination to An Oil, Gas, and Mineral Lease. Seeking legal advice is recommended to ensure compliance with state laws and to protect the rights and interests of both the surface tenant and the mineral rights' owner.

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FAQ

A mineral lease is a contractual agreement between the owner of a mineral estate (known as the lessor), and another party such as an oil and gas company (the lessee). The lease gives an oil or gas company the right to explore for and develop the oil and gas deposits in the area described in the lease.

The Term of Your Oil and Gas Lease As a starting point, the typical term of an oil and gas lease in West Virginia, Ohio, and Pennsylvania is 5 years. The time starts on this 5 years on the date you sign your lease (even though you will likely have to wait 120 days or more to receive your bonus payment).

You may have title to mineral rights on a property you own, or they may have been sold or leased by a prior owner, in which case they may not be yours to sell. Real estate law firms can research your chain of title to determine if the mineral rights transferred from owner to owner.

If you have non-producing mineral rights and do not receive a royalty check, the value is difficult to determine. You could expect anywhere from $750/acre to $3,000+/acre depending on your location in the county. If you are currently leased, that will also play a role in how much your mineral rights are worth.

If the owner of the mortgaged property was entitled to oil and gas royalties before the foreclosure sale, the oil or gas royalties shall be paid to the purchaser of the foreclosed property.

Historically, mineral owners (?lessors?) and landmen/oil companies (?lessees?) spend most of their time focusing and negotiating the bonus payment, primary term and royalty provisions of an oil and gas lease. These provisions are important, but they represent only a small number of the important elements of the lease.

Negotiating an oil and gas lease will require some research upfront. If you're a landowner interested in working with an oil and gas company, you should explore their history and experience. You'll want to work with a reputable company that works in your best interests, holds a high standard, and maintains insurance.

An oil or gas lease is a legal document where a landowner grants an individual or company the right to extract oil or gas from beneath the landowner's property. Courts generally find leases to be legally binding, so it is very important that you understand all the terms of a lease before you sign it.

You may have title to mineral rights on a property you own, or they may have been sold or leased by a prior owner, in which case they may not be yours to sell. Real estate law firms can research your chain of title to determine if the mineral rights transferred from owner to owner.

The primary term on average is 3 years. Companies can add a 2-year extension if they wish. The company that executed the lease uses this time period to achieve drilling the well. Once that is completed, the secondary term begins and lasts for as long as the well is producing.

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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 ... (D) If a mortgaged property that is being foreclosed is subject to an oil or gas lease, pipeline agreement, or other instrument related to the production or ...Surface Lease Agreement (For Production Equipment and Facilities) · Surface Tenants Consent and Subordination (To Oil and Gas Lease) · Surface Use Agreement ... Apr 20, 2023 — This is why some oil and gas companies may require a subordination agreement from the lender when leasing fee simple minerals with a mortgage. under said lease have been paid; that the said lease is in full force and effect, and is a valid and subsisting oil, gas and mineral lease against the said. Jul 24, 2020 — ... a non-surface lease. The purpose of this Lease is to include the Premises in Tenant's Production Unit containing a maximum of 40 acres, plus ... Jan 27, 2023 — Any surface use agreement signed by Lessor and Lessee that allows for surface operations on the Leased Premises shall, at a minimum, include ... by T Guy · 2018 · Cited by 10 — consent requirement in an oil and gas lease is to protect the owner of the surface estate from having to deal with a lessee that has insufficient assets. The Waiver (or Subordination) and Consent Agreement should include language confirming that neither the tenant nor the tenant's lender may conduct any public ... Executed the leasing and obtaining of oil, gas, and mineral leases. Created ... Tenant's Consent, Subordination Agreements, Lease Ratifications etc. Met with ...

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Ohio Surface Tenant's Consent for Subordination to An Oil, Gas, and Mineral Lease