Split-Estate Lands Clause Samples
The Split-Estate Lands clause defines how rights and responsibilities are allocated when the ownership of surface land and subsurface minerals are held by different parties. In practice, this clause clarifies which party has the authority to access, use, or develop the surface or mineral resources, and may outline procedures for notification, compensation, or access rights. Its core function is to prevent disputes and ensure both surface and mineral owners understand their respective rights and obligations, thereby facilitating harmonious use and development of the property.
Split-Estate Lands. If Lessor does not own the surface estate of any portion of the Leased Premises, Lessee’s access to and use of the surface of such lands shall be determined by applicable law governing mineral development on split-estate lands, including without limitation applicable statutes governing access by mineral owners to split estate lands, and reclamation and bonding requirements. Lessee shall indemnify, defend and hold Lessor harmless for all claims, causes of action, damages, costs and expenses (including attorney’s fees and costs) arising out of or related to damage caused by Lessee’s operations to surface lands or improvements owned by third parties.
Split-Estate Lands. If Lessor does not own the surface estate of any portion of the Leased Premises, ▇▇▇▇▇▇’s access to and use of the surface of such lands shall be governed by Utah Code §53C-2-409 as may be amended, governing access by mineral owners to split estate lands, and all reclamation and bonding requirements. Lessee shall provide evidence of its right to access the surface of split-estate lands prior to approval of any APD, unless this condition is waived by ▇▇▇▇▇▇. Lessee shall indemnify, defend and hold Lessor harmless for all claims, causes of action, damages, costs and expenses (including attorney’s fees and costs) arising out of or related to damage caused by ▇▇▇▇▇▇’s operations to surface lands or improvements owned by third parties.
Split-Estate Lands. If Lessor does not own the surface estate of any portion of the Leased Premises, Lessee’s access to and use of the surface of such lands shall be determined by applicable law governing mineral development on split-estate lands, including without limitation applicable statutes governing access by mineral owners to split estate lands, and reclamation and bonding requirements. Lessee shall indemnify, defend and hold Lessor harmless for all claims, causes of action, damages, costs and expenses (including attorney’s fees and costs) arising out of or related to damage caused by Lessee’s operations to surface lands or improvements owned by third parties. Geothermal Energy Lease 4/1/07 Page No. 7