Arkansas Agreement Waiving Surface Use by Oil and Gas Lessee

State:
Multi-State
Control #:
US-OG-655
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Word; 
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Description

This form is used when the Lessor desires to sell, subdivide, or partition all or a part of the lands covered by the Lease (the Lands), and has requested a partial waiver of surface use of certain portions of the Lands subject to the Lease, and a waiver is agreeable to Lessee. This Agreement relates solely to the surface use and does not in any other way affect or diminish the Lessee's rights, interests and estate under the Lease.

An Arkansas Agreement Waiving Surface Use by Oil and Gas Lessee is a legal document that allows an oil and gas lessee to waive their right to use the surface of a property for extraction activities. This agreement is commonly used in Arkansas, where there are various regulations and considerations surrounding oil and gas exploration and production. Keywords: Arkansas, agreement, waiving surface use, oil and gas, lessee. Types of Arkansas Agreements Waiving Surface Use by Oil and Gas Lessee: 1. Standard Arkansas Agreement Waiving Surface Use by Oil and Gas Lessee: This is the most common type of agreement used in the state. It sets out the terms and conditions under which the lessee relinquishes their right to use the surface of the property for oil and gas extraction activities. 2. Limited Surface Use Agreement: This type of agreement grants the lessee limited access to the surface of the property for specific activities related to oil and gas exploration or production. It may outline specific areas or conditions under which the lessee can operate. 3. Surface Use Compensation Agreement: In some cases, a lessee may compensate the property owner for surface use instead of completely waiving their right. This agreement typically outlines the compensation terms, such as payment amounts, frequency, and any additional conditions. 4. Surface Access Agreement with Environmental Protection Provision: This type of agreement includes provisions that ensure environmentally responsible practices throughout the oil and gas extraction process. It may include clauses for land reclamation, water management, and other measures to protect the environment. 5. Joint Agreement between Multiple Lessees: When multiple oil and gas lessees are involved in a project, they may enter into a joint agreement to waive surface use collectively. This agreement establishes clear guidelines and responsibilities for all parties involved. It is important to note that the specific terms and conditions of these agreements can vary depending on the circumstances, the property owner's preferences, and the regulatory framework of Arkansas. It is recommended to consult with legal professionals or industry experts to draft an agreement that aligns with the specific needs and requirements of the situation.

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FAQ

A surface use agreement, which is also sometimes referred to as a land use agreement, is an agreement between the landowner and an oil and gas company or an operator for the use of the landowner's land in the development of the oil and gas.

Held by production is an oil & gas industry term indicating a property is under lease and that the lease is being perpetuated in the secondary term by the production of oil or gas in paying quantities. An oil & gas may be in HBP status for many years if the wells located on the leased land keep producing.

By way of background, a ?free use? clause is a provision in an oil/gas lease which gives the lessee the right to use gas produced from the leasehold.

An oil or gas lease is a legal document where a landowner grants an individual or company the right to extract oil or gas from beneath the landowner's property. Courts generally find leases to be legally binding, so it is very important that you understand all the terms of a lease before you sign it.

Surface Lease means a lease, easement, or other agreement providing the holder with the right to enter the surface of any land for the purpose of constructing and operating a well, facility, flowline, roadway, or power line; Sample 1.

The rule followed is generally known as the Strohacker Doctrine, named for the case of Missouri Pacific Railroad Co. v. Strohacker,s in which the Arkansas Supreme Court affirmed a chan- cery court decision that reservations of "coal and mineral deposits" in 1892 and 1893 deeds did not reserve the oil and gas.

The length of oil and gas lease agreements averages around 5 years. Typically, if a parcel is not drilled after a certain period time then the contract expires. Some leases, however, allow for extensions without the grantor's approval.

The only surface owner's protection under State law is the requirement to have the surface, where the drilling operations occurred, returned to reasonable condition after the drilling and production has ceased.

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by SW Wright · 1987 · Cited by 7 — The owner of a mineral interest, or that owner's lessee, has an easement of reasonable use of the surface for the purpose of develop- ing the minerals.4 If the ... by CA Morgan · Cited by 2 — Any use of the surface by Lessee in its operations which prohibits or curtails the agricultural use of the surface to that portion of the lease premises ...Surface Use Agreement for Oil and Gas Development and Geophysical Permit, to be effective immediately, and authorizes the Commission staff to proceed with ... This waiver of surface rights template is executed by an oil and gas exploration company, as lessee under an oil and gas lease, to assure a lessor that the ... Each form is designed using a MS Word "Fill in the Blank" format. This allows you to quickly make changes, additions and deletions to prepare your documents. ... the Applicant shall provide documentation, in the form of a surface use agreement or an affidavit of a surface use agreement, indicating the. Applicant's ... Determine the fate of the drilling pads, roads and frack ponds built and/or constructed by the lessee when the lease terminates. Some mineral-surface owners ... If a Lessor does not want the land surface disturbed a “No Surface Operations Clause” may be negotiated and included in the mineral lease agreement. This clause ... by T Righetti · 2018 · Cited by 17 — Part I describes split-estate ownership of oil and gas and the historic dominant-servient ordering of the mineral and surface estates. Part II ... The right of surface entry and exploration has been waived or released by document recorded . Comment: You should use this provision with the mineral exception ...

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Arkansas Agreement Waiving Surface Use by Oil and Gas Lessee