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.
Tennessee Surface Use by Lessee and Accommodation With Use of the Surface
Category:
State:
Multi-State
Control #:
US-OG-829
Format:
Word;
Rich Text
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How to fill out Surface Use By Lessee And Accommodation With Use Of The Surface?
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FAQ
In order to apply the Accommodation Doctrine, the surface owner must prove that the groundwater owner's use of the surface precludes or substantially impairs the existing use; that the surface owner has no available, reasonable alternative to continue existing use; and that the groundwater owner has reasonable, ...
In Texas, the mineral estate is considered separate and distinct from the surface estate. This means that the mineral estate can be bought and sold separately from the surface estate. The mineral estate owner has exclusive rights to any and all minerals located beneath the land's surface.
Mineral rights and air rights may be owned by someone other than the owner of the surface. It is common, for example, for a surface owner to sell to a third party the rights to any oil, gas, coal, and other minerals that may be located be- low the surface.
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.
Reasonable Accommodation Doctrine Disputes in Colorado This doctrine directs the operator to carry out operations to accommodate the surface owner by minimizing intrusion upon and damage to the surface of the land, including the use of alternative well locations or alternative operations.
What Are Mineral Rights and Who Has Them? Mineral rights in Texas are the rights to mineral deposits that exist under the surface of a parcel of property. This right normally belongs to the owner of the surface estate; however, in Texas those rights can be transferred through sale or lease to a second party.
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.