Troubles in Mineral Rights Leasing

FinanceLoans / Lease

  • Author Anna Poelo
  • Published April 15, 2009
  • Word count 523

There many potential troubles when you are involved in mineral rights leasing. This is understandable as mineral rights leasing isn't exactly a simple transaction. There are a lot of areas to cover and be clear with. Still, even if you have given your best in the negotiations and shaping of the deal, problems and arguments may still arise in the future.

One such potential problem would certainly be concerning the legal procedures. This is not surprising since mineral rights leasing involves a lot of research, corrections, and transactions in order to be completely clear to all parties involved. In this regard, the contract or mineral rights leasing agreement is very important. The wording in the contract has to be agreed upon by all parties in order to avoid future arguments. The contract will be your basis for any activities pertaining to the lease.

This is why legal help and counsel is important in mineral rights leasing. Whatever is written in the contract should be clear and concise, and it should also be satisfactory to all parties. To prevent any misunderstandings and unfair proceedings, legal counsel for each party is critical. The negotiations might be heavy and tiring, but mineral rights leasing isn't exactly a light decision to make when you also have to consider what the other parties want to get out of the deal.

It is also important for all the people involved in the deal to have sufficient knowledge on the transactions. You should know the terms used and the clauses of the contract and be clear on the specific details entailed in the negotiations. It is crucial to educate yourself about mineral rights leasing before going into a deal on it.

Other potential problems can arise when the mineral extraction is already underway. The main problem during this time will most probably be the damages to the land and property. These damages may not appear right away, and may take years after the operation until they surface. This is a headache to the surface and property owners. If the surface owner complains about this, you can always go back to the contract and settle the dispute. The problem will be worse if the damages appears years later though, because by this time the mining company might already be gone. There would be no one to be held responsible for the damages and the surface owner will be burdened by this.

Aquifers and the water supply should also be thought over. Usually when there is mining and mineral extraction, there would be temporary or permanent loss of water supply. The aquifers might be damaged in the extraction process and the water would drain into deeper rock units.

What is most important in the mineral rights leasing is the contract. So long as you and the other parties have clearly settled your conditions on the document, the potential troubles will be minimized. Just remember that the contract will be the basis of any misunderstandings. So from the very start, in the formulation of the contract, you should have already sought legal help and made your terms clear with the other parties concerned.

For assistance with mineral rights leasing, visit Mineral Rights. Feel free to contact her at keywriterm@gmail.com for any inquiries or concerns on the article.

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