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What Is Mineral Rights Leasing?
The importance of energy, oil, coal, and other minerals and natural resources is very evident throughout the world. The demand for commodities such as oil and gas is increasing and many energy and mining companies are on the lookout for land and properties rich with minerals. With energy and mining companies looking and mineral rights owners possessing the potential to get a big profit, mineral rights leasing is undeniably a growing trend in the real estate market and energy/mining industry.
But what is mineral rights leasing all about?
A mineral rights lease is a formal agreement between two or more parties where one party gives the other the right to make use of the minerals in the property involved. In a situation between a mineral rights owner and an energy and mining company, a mineral rights lease is where the owner of the land and/or mineral rights gives the energy and mining company to drill or mine away the minerals underneath the ground.
The mineral rights owner gets benefits in return, of course. The mineral rights owner can get a bonus payment, royalties for every product (that resulted with the minerals) sold, and any other conditions that both parties have agreed to in the contract.
Mineral rights leasing is a complicated matter. This is because it doesn’t just concern the mineral rights owner and the energy/mining company. In some cases, it concerns the surface rights owner who may not be necessarily be the mineral rights owner.
The mineral rights owner may not necessarily be the surface rights owner for the particular reason that mineral rights are not the same as surface rights. Both are different from each other. While surface rights refer to the rights to work and operate on and above the surface, mineral rights pertain to the rights used to explore and produce the minerals below the surface.
In cases wherein the surface rights owner isn’t the mineral rights owner, one would have to speak to both the owners to get permission to operate on the property for the minerals. While the surface rights owner may not have any say in the operations to extract the minerals, it is still his/her property that will be involved. It is his/her property that will be bombarded with big machines and workers. Disagreements and disputes may erupt before and during the mining operations so all parties should be accounted for. It is wise to be specific of every detail involving all parties’ conditions in the mineral rights lease to prevent future problems.
As implied by the definition of mineral rights leasing, this is no simple matter. Mineral rights leasing is complicated from the start to the end of the operations. The contract is a very big deal, and legalities have to be satisfactory for all parties to be in agreement. When problem comes before the parties about the rights of each one of them, it’ll be the contract or lease agreement that’ll steer them all clear. Make sure to consult lawyers regarding mineral rights leasing. Asking for help from geology surveyors and real estate agents is also recommended.
Real Estate: Leasing Is An Option
You may be thinking about purchasing a property or maybe making your first steps into the real estate business. You may be overwhelmed by the figures this implies and wonder where to turn for financing. You probably did not know that leasing contracts are also available from certain financial institutions for apartments and houses in different places and that this method provides cheaper financing in terms of monthly payments.
Leasing is an excellent financial option but it is not for everyone. There are people for whom leasing can be advantageous and there are also situations under which leasing is the perfect choice. However, there are also other financial products that may be more advantageous under different circumstances. Just like home loans are not for everyone, leasing is also not the perfect solution for any financial situation.
Leasing A Real Estate Property
A leasing contract grants the use of real estate property to the borrower. The financial institution either owns the property or purchases it and remains proprietor of it till the borrower decides to exercise the right to purchase it. In the meantime the monthly payment work exactly like rent payments but in the event that the borrower decides to purchase the real estate property, these payments are considered part of the purchase price.
Leasing is a form of financing that avoids the down payment usually associated to the transfer of real estate property and also reduces the amount of the monthly payments compared to mortgage loans. Though in the long run purchasing a property through leasing is more expensive, in terms of monthly payments it is significantly cheaper and more affordable and provides you with the possibility to change your mind and return the property without purchasing it.
Who Should Lease A Property
As stated above, leasing is not for everyone. Someone who can not afford the monthly payments on a home loan will find in a leasing contract a possible solution to his problems. Even those who do not have a fixed income can make good use of leasing because they can put amounts aside in a savings account whenever they have additional income and destine it for the lump payment at the end of the leasing term so they can keep the property.
Also, those who are not sure whether they will stay at a certain place or are not sure whether they have found their place in the world can find in leasing the possibility to abandon the property at the end of the leasing contract or keep it. They will have plenty of time to make up their minds this way and they will not have to spend so much on home loan payments if they will finally decide to move somewhere else.
As you can see leasing provides great flexibility and low monthly payments. The only drawback is that it is more expensive than financing with a home loan, in the long run. But if you fall under any of the categories explained above, you may wish to consider leasing as an option for real estate purchases.