Rhode Island Subsurface Easement Agreement from one Lessee to Another

State:
Multi-State
Control #:
US-OG-332
Format:
Word; 
Rich Text
Instant download

Description

This form is used when the Grantor grants and conveys to Grantee a subsurface easement to enable Grantee to drill into those depths under the lands that are owned by the Grantor.

Rhode Island Subsurface Easement Agreement is a legally binding contract that allows one lessee to grant the rights for subsurface exploration, extraction, and utilization to another lessee. This agreement is particularly applicable to situations where the ownership of land or subterranean resources is divided, typically between parties involved in oil, gas, mineral, or groundwater industries. The Rhode Island Subsurface Easement Agreement serves as a crucial document for outlining the terms, conditions, and limitations for the subsurface activities conducted by the lessee to whom the rights are being transferred. It aims to ensure proper utilization, protection, and legal compliance while granting access to valuable underground resources. Key terms covered in this agreement include: 1. Grant of Easement: Describes the rights and privileges being granted by the transferring lessee to the receiving lessee. This typically includes exploration, drilling, extraction, and other subsurface activities. 2. Duration: Specifies the duration of the easement, such as a specific time period or until a goal, set by both parties, is achieved. 3. Surface Rights: Defines any limitations on the use of the surface area, ensuring minimal disturbance to the transferring lessee's property and the environment. 4. Compensation: Outlines the compensation to be provided by the receiving lessee to the transferring lessee for granting the easement. This can be a one-time payment, periodic royalties, or a combination of both. 5. Indemnification: Addresses liabilities and responsibilities of both parties in case of damages, accidents, or environmental contamination resulting from subsurface activities. 6. Access and Notice: Defines the terms of access to the subsurface area, including the right to access the surface necessary to conduct activities. It also specifies the notification process for the transfer and cessation of easement rights. 7. Termination: Outlines the conditions under which the easement can be terminated, including breach of the agreement, completion of the intended activities, or mutual agreement between the parties involved. Types of Rhode Island Subsurface Easement Agreements: 1. Oil and Gas Subsurface Easement Agreement: Pertains to the exploration, drilling, and extraction of oil and gas reserves located beneath the surface of the land. 2. Mineral Subsurface Easement Agreement: Covers the exploration, extraction, and utilization of various minerals like coal, limestone, iron ore, and other valuable mineral resources. 3. Groundwater Subsurface Easement Agreement: Involves the rights for accessing and utilizing groundwater resources located beneath the surface, typically for irrigation, industrial, or commercial purposes. It is crucial for both parties involved in a Rhode Island Subsurface Easement Agreement to seek legal counsel to ensure the terms of the agreement are fair, comprehensive, and compliant with state laws and regulations.

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FAQ

Which of these must exist for an appurtenant easement to exist... Two adjacent parcels, different owners. An easement appurtenant must have two owners and two parcels of land. A landlocked parcel would require an easement by necessity, long time unauthorized usage would lead to an easement by prescription.

(Civ. Code § 784.) An example of a negative easement would be an easement for light.

An easement in gross is basically selling rights to the land to another person, but without giving them legal ownership. An easement appurtenant, on the other hand, is a permanent encumbrance (legal right) to the property.

An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.

ofway easement grants the holder only the rights as stated in the express easement or granted by court order. Typically the right is simply to cross over the land of another. The easement holder does not have the right to change the nature or location of the rightofway.

An easement is the right to cross or use someone else's land for a specific purpose. The owner of the easement does not own the land, just the right to use it. The owner of the land may also use the area covered by the easement as long as they do not interfere unreasonably with the purpose of the easement.

An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates. The servient estate is the estate that allows the easement, while the dominant estate is the one that benefits from the easement.

Examples of appurtenances include in-ground swimming pools, a fence, or shed that are all fixed to the land. Appurtenances include rights to natural resources found in the land, such as minerals or oil, as well as improvements to the property and easements.

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Rhode Island Subsurface Easement Agreement from one Lessee to Another