Tag Archives: parties

Problems With Mineral Rights Leasing

April 12, 2019   Auto Loans

As many people dealing with mineral rights probably knows, mineral rights leasing comes with problems and setbacks. These problems are not easily resolved either, and takes time to overcome. Nevertheless, they can still be solved and taken cared of.

One problem that both parties would have to gloss over mineral rights transactions are the legal procedures. This would include the mineral rights lease and terms of agreement. The wording of the lease agreement has to be very clear to both parties to avoid future disagreements. Problems and disagreements especially arise when the moment comes for mineral extraction. Mineral extraction has such heavy requirements like the expansive use of the land and surface, not too mention the amount of damage it can cause for the surface owner.

This is one of the main reasons why seeking legal help is needed when negotiating with a mineral rights lease. It is also advisable for both parties to have sufficient knowledge on the subject. Respect for the terms in the lease is also needed from both parties. The lease agreement should contain specific details if needed to ensure that there will be less, if not none, disputes in the future.

Legal issues aside, other problems can arise from mineral rights transactions. Damages to the land and property are the main concerns when mineral extraction is underway. It is not only during the extraction, too. Damages to the surface can appear years after the mining and extraction is complete. This would certainly be a headache for owners of fee simple estates. The effects and damages of mineral extraction can ruin the property and will become a problem for the subsequent owners of the area. Take note that the effects can appear many years later, and by this time the mining company may already be gone. No one would then be held responsible and any repairs to the damages would be a burden for the remaining owner of the property.

Aquifers and water supply can also come under fire with mineral extraction and mining. Places where underground extraction takes place are outside of the service of public water supplies. The people would have to content themselves with water wells for water. If the extraction is below the aquifer units tapped by the well, most probably the aquifer would be damaged by the extraction and the water water would drain into deeper rock units. This would lead to a temporary or permanent loss of water supply.

What is important in mineral rights leasing is that all the parties involved should understand wholly what they’re getting into. Mineral rights extraction can cause the surface owner many disadvantages, not only in the present time but also in the future. Legal representatives or lawyers should take care to research carefully and make sure their clients understand the agreement and terms.

When in the midst of negotiations, the leasing terms and agreement is what is to be focused on. Again, both parties should have legal help and should also have full knowledge of the terms. Understanding the risks and the many possibilities in the future is also part of the process. Business such as this naturally have its big problems, and while still early the parties involved should make adjustments.

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A Renter’s Guide to Commercial Leasing!

January 19, 2019   Personal Loan

A commercial lease is a legal or binding agreement between an owner and a tenant. Even though renting is a simple business relationship, it is still crucial to follow certain guidelines during this process. Without the proper guidance, this procedure can be long and somewhat unpleasant.

  • Consult a Lawyer – A rental document is not just a piece of paper; it is a compilation of legal agreements that consists of an average of 25 to 70 pages. Some clauses that may be included on these documents are standard, while others may not be familiar to the renter. Other standard forms may not have the essential elements for both the landlord and the tenant. Therefore, seeking the advice of a lawyer is important. In addition, attorneys can handle all of the negotiations and technicalities as well as assess any specific requirements the tenant may need and provide a final legal agreement.

  • Choose a Suitable Location – The success or failure of a business can be determined by where it is situated. Once all of the commercial leasing requirements have been determined, it is time to proceed to research and look for a suitable space. In addition, it is important to check the market and determine that the potential office space is available and suitable for the occupancy.

  • Find a Reputable Broker – It is important that the finalization of a commercial lease be handled professionally. Such an important undertaking requires the services of a reputable broker. An agent should be chosen who has many years of experience in commercial leasing. Real estate brokers can help find the right location as well as examine the market.

  • Negotiate the Lease Agreement – Everything is negotiable in a lease agreement; however. this can be a daunting task. It is necessary to understand and assess the agreement to avoid any problems in the future. Both parties should arrive at acceptable terms that meet individual needs. All agreements should be verified for correct terms and conditions as well as the total costs involved prior to endorsement by both parties. It is essential to remember that once the agreement has been signed, it binds both the landlord and the tenant equally by law. This is why once an agreement has been negotiated; it should be thoroughly inspected for accuracy.

  • Insurance – An insurance policy from the landlord may be required by the tenant prior to final execution of the contract. If payment of the insurance premium is required of the tenant, a comparison of normal costs for such a charge from other insurance companies should be done. This way the tenant can be sure that they are not being overcharged by the landlord for this cost. It should also be determined if the coverage afforded by the insurance is anticipated to change any time in the future.

  • Providing all Pertinent Information – Every tenant should ensure that all relevant information regarding this agreement has been provided; it should also be verified that the use of the commercial space complies with the agreement. In addition, it must be confirmed prior to the execution of a lease if there are any alterations that must be performed prior to occupancy by the tenant.

    A legally binding contract, such as an office lease, should be beneficial to both involved parties. It should not be automatically presumed by a tenant that the landlord is willing and able to comply with all the terms written in the contract. Even the lease code does not provide a renter with the full protection necessary for a business to function. Any tenant should be pro-active and obtain a renter’s guide to effectively manage their commercial lease – then there will be no upsetting surprises!
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