Virginia Surface Use by Lessee and Accommodation With Use of the Surface

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Multi-State
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US-OG-829
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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.

Virginia surface use by lessee refers to the rights granted to an individual or entity (the lessee) to utilize the surface of a specific property for various purposes. In this context, "surface use" includes activities such as construction, exploration, extraction, and development. The term "accommodation with use of the surface" refers to the agreement made between the property owner (the lessor) and the lessee to accommodate the lessee's surface use activities in a manner that minimizes interference with the lessor's enjoyment and use of the property. There are various types of Virginia surface use by lessee and accommodation with use of the surface, each with its specific characteristics and considerations. Some notable types include: 1. Mineral extraction: This type involves the lessee's right to access and extract minerals or other valuable resources found beneath the surface. It commonly applies to mining, oil and gas drilling, or quarrying operations. The lease agreement typically outlines the specific terms regarding the location, duration, and environmental impact of the extraction activities. 2. Construction and development: This category pertains to the lessee's right to use the surface for constructing buildings, infrastructure, or other developments. For instance, a lessee might have permission to build a commercial complex or residential units on the leased property. The agreement typically outlines guidelines for design, construction timelines, and potential restoration of the surface after development. 3. Agricultural use: In certain cases, the lessee may be granted rights to use the surface for agricultural purposes. This could include farming, crop cultivation, livestock rearing, or forestry activities. The lease agreement may specify sustainable farming practices, crop rotation, or the preservation of existing natural features. 4. Recreational or hunting use: Sometimes, the lessee may have access to the surface for recreational activities such as hunting, fishing, hiking, or camping. This type of lease usually includes provisions to ensure the lessee's activities do not damage the property or disrupt other forms of land use. 5. Environmental preservation and conservation: In specific instances, the surface use by lessee may focus on environmental preservation and conservation measures. For example, a lessee might lease a plot of land for the purpose of reforestation, wildlife habitat enhancement, or wetlands restoration. The lease agreement may incorporate guidelines for monitoring the environmental impact of activities and implementing appropriate conservation strategies. In any case, Virginia surface use by lessee and accommodation with use of the surface necessitate a comprehensive agreement between the lessor and lessee to outline the rights, restrictions, and responsibilities of each party. These agreements are crucial for balancing economic development with the preservation of property rights and environmental considerations.

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FAQ

A landowner may own the rights to everything on the surface, but not the rights to underground resources such as oil, gas, and minerals. In the United States, landowners possess both surface and mineral rights unless they choose to sell the mineral rights to someone else.

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.

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.

Surface rights in Pennsylvania These rights in Pennsylvania are those licenses to the surface interest of any property. This right covers the structure, farmland, or any above ground minerals like water bodies, trees and plants. This right was set ing to Pennsylvania ordinances and local laws.

The mineral estate owner has exclusive rights to any and all minerals located beneath the land's surface. The owner of the surface estate, on the other hand, has the right to use and access the surface of the land but does not have any rights to the minerals underneath.

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.

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Jul 3, 2019 — The plaintiffs objected and later sued EQT, alleging that its horizontal drilling operations were unauthorized under the lease and, therefore, ... Under the Accommodation Doctrine, the surface owner must generally show that the particular surface activities are not “reasonably necessary” to extract the ...by CM Alspach · Cited by 40 — lessee.' In so holding, the court assigned the surface owner a right "to an accommodation between the two estates."37. Jul 20, 2023 — A contract to protect your surface should be agreed upon with the mineral owner during the actual oil and gas lease negotiations. Assuming that ... by JS Lowe · 1993 — The mineral owner or lessee's use of the surface must be (a) reasonable, (b) in accord with the accommodation doctrine, and (c) for the benefit of the mineral ... When the land surface and standing timber trees are owned by the same person, the value of the land, inclusive of the standing timber trees, shall be ... A general survey of the laws across the nation demonstrates that states following the dominant mineral estate/reasonable use doctrines allow for any and all ... Oct 29, 2021 — There are two types of rights that may be included in land ownership: surface rights and mineral rights. A landowner may own the rights to ... by GA Perkins · Cited by 4 — Dominance of the mineral estate over the surface is a crucial legal concept for the mineral owner and lessee because ownership of subsurface minerals without ... These land grant statutes and their surface damages provisions form the context in which the analysis of state law preemption takes place. Before turning to the ...

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Virginia Surface Use by Lessee and Accommodation With Use of the Surface