Colorado Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within Specified Distance of Structure

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Multi-State
Control #:
US-OG-155
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Description

This form serves to amend an oil and gas lease to allow a lessee to drill at any location on lands subject to a lease, including a location in close proximity to a building or structure on the lands subject to a lease.

Description: The Colorado Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within Specified Distance of Structure, is a legal document that outlines the conditions under which a lessor who owns the surface property can prohibit drilling activities within a certain distance of a structure located on the leased property. This provision serves to protect the structure and the safety of the occupants from potential risks associated with nearby drilling operations. In the state of Colorado, there are several types of waiver of lease provisions that lessors can include in their lease agreements to restrict drilling activities. These provisions are designed to address specific scenarios and provide additional safeguards for the lessor. Some commonly used waiver provisions include: 1. Minimum Distance Requirement Waiver: This provision specifies the minimum distance that must be maintained between any drilling operations and the structure on the leased property. It ensures a safe buffer zone and reduces the potential for damages or accidents. 2. Surface Rights Protection Waiver: With this provision, the lessor retains the right to prohibit drilling activities altogether, regardless of the distance from the structure. It gives the lessor full control over the use of their surface property and enables them to prioritize the protection of their structure. 3. Liability Transfer Waiver: This waiver provision transfers the liability for any damages caused by drilling operations to the lessee or drilling company. This protects the lessor from financial burdens in the event of accidents or property damage occurring near the structure. 4. Indemnity Clause Waiver: The indemnity clause waiver ensures that the lessee indemnifies and holds the lessor harmless from any legal claims or liabilities arising from the drilling activities within the specified distance of the structure. Implementing a Colorado Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within Specified Distance of Structure, can provide peace of mind for property owners, as it allows them to enjoy the benefits of leasing their property while maintaining control over potentially risky activities nearby. These provisions help strike a balance between the interest of the lessee, who wants to extract natural resources, and the lessor's desire to protect their property and occupants from harm. It is important to consult with legal professionals experienced in Colorado real estate and oil and gas law to draft and enforce these provisions properly. They will ensure that the waivers are comprehensive, comply with state regulations, and provide adequate protection for all parties involved.

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FAQ

Lessor's Agreement means a Landlord's Disclaimer and Consent entered into by a Person leasing real estate to the Borrower or a Guarantor pursuant to which such Person makes certain agreements for the benefit of the Agent and the Banks with respect to the locations covered thereby.

- Lessor -The owner of the minerals that grants the lease. - Lessee -The oil and gas developer that takes the lease. - Primary Term-Length of time the Lessee has to establish production by drilling a well on the lands subject to the lease. Generally, primary terms run from one to ten years.

Landowners should consider consulting with a local mineral rights expert when it comes to reviewing the quality of a lease offer to determine if it is mutually beneficial- LandGate can refer mineral owners to a local expert. There are many factors that influence the calculation of mineral worth.

Nearly all leases contain covenants, that is, where the landlord and tenant promise each other to do, or not to do, certain things in relation to the land, eg, landlord promise to keep premises in repair and tenant may promise not to use premises for any trade or business.

Noun. : a deed by which a landowner authorizes exploration for and production of oil and gas on his land usually in consideration of a royalty.

What Is a Lessor? A lessor is essentially someone who grants a lease to someone else. As such, a lessor is the owner of an asset that is leased under an agreement to a lessee. The lessee makes a one-time payment or a series of periodic payments to the lessor in return for the use of the asset.

Under the previous lease guidance (FASB ASC 840), a lease is defined as a contractual agreement between a lessor (owner of an asset) and a lessee (user of an asset) that allows the lessee to use the asset for a period of time in exchange for consideration.

A lease agreement is an arrangement between two parties ? lessor and lessee, by which the lessor allows the lessee the right to use a property owned or managed by the lessor for a specified period of time, in exchange for periodic payment of rentals. The agreement does not provide ownership rights to the lessee.

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Colorado Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within Specified Distance of Structure