West Virginia Subordination of Surface Rights Agreement (Subordination by Mineral Owner)

State:
Multi-State
Control #:
US-OG-1146
Format:
Word; 
Rich Text
Instant download

Description

This form is a subordination of surface rights agreement with subordination by mineral owner.

A West Virginia Subordination of Surface Rights Agreement refers to a legal document that allows the mineral owner in West Virginia to subordinate their rights in favor of the surface owner. This agreement ensures that the surface owner has priority over their property's surface rights when there is a conflict or competition between the surface rights and mineral rights. In West Virginia, there are two common types of Subordination of Surface Rights Agreement executed by the mineral owner: 1. Subordination of Surface Rights Agreement (Subordination by Mineral Owner): This type of agreement is initiated by the mineral owner, commonly known as the subordinating party. By signing this agreement, the mineral owner acknowledges the importance of the surface rights and agrees to subordinate their mineral rights to the surface owner. This means that the surface owner's rights and activities related to the property, such as farming, construction, or other real estate development projects, will take priority over any mineral extraction or exploration activities. 2. Voluntary Subordination of Surface Rights Agreement: This agreement is typically entered into by both the surface owner and the mineral owner. It is a mutual understanding where both parties agree that the surface rights will be placed as a higher priority and the mineral rights will be subordinated accordingly. This agreement provides certainty and a clear delineation of rights between the two parties, ensuring that the surface owner can utilize and enjoy their property without significant interference from mineral-related activities. Keywords: West Virginia, Subordination of Surface Rights Agreement, Mineral Owner, Surface Owner, Priority, Surface Rights, Mineral Rights, Conflict, Competition, Subordinating Party, Farming, Construction, Real Estate Development, Extraction, Exploration, Voluntary Subordination.

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FAQ

In the State of WV, minerals are considered property and therefore fall under the Ad Valorem Property Tax.

In the United States, landowners possess both surface and mineral rights unless they choose to sell the mineral rights to someone else. Once mineral rights have been sold, the original owner retains only the rights to the land surface, while the second party may exploit the underground resources in any way they choose.

After confirming your legal ownership with an attorney at law, you need to draw up a deed of transfer form in your name and register it with the county records office as the mineral owner. The land transaction, leasing transaction, and royalty compliance go through the county office.

The value of mineral rights per acre differs from state to state. Typically, the price ranges from $100 to $5,000 per acre in several states. In Texas, the average price per acre for non-producing mineral rights is usually between $0 and $250 per acre, as a general guideline.

Risks Associated with Owning Mineral Rights ? Declining Oil and Gas Reserves. Oil, gas, and other minerals are finite resources. ... ? Steep Decline Curves. ... ? Held By Production (HBP)

It's important to know the mineral rights of your property. If you own the rights, they can become a reliable source of income. If someone else owns the rights, they can remove valuable minerals from under your feet, literally.

Cons of Selling Your Mineral Rights Loss of Potential Future Income: When you sell your mineral rights, you also give up any potential future income from those rights. This can be a significant loss if the mineral rights end up producing more than expected or if there are new discoveries in the future.

Yes, it can be beneficial to sell your mineral rights for a fair price, even producing rights. First, sellers must be aware of the different stages of the production process. They must also know the value their minerals and royalties command in every development stage.

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West Virginia Subordination of Surface Rights Agreement (Subordination by Mineral Owner)