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

• Category: Oil Gas and Minerals - Waivers
• State: Multi-State
• Control #: US-OG-155
• Format: Word; Rich Text

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. A Massachusetts Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within Specified Distance of Structure is a contractual agreement in which a lessor, who owns the surface of a property, restricts or prohibits any drilling activities within a certain distance of a structure on the leased premises. This provision serves to protect the lessor's property and ensure the safety and integrity of any existing structures. In Massachusetts, there may be different types of waiver provisions depending on the specific circumstances and requirements of the lessor. Some of these variations may include: 1. Traditional Waiver of Lease Provision: This type of provision typically informs the lessee that no drilling activities, including but not limited to oil, gas, or water wells, are permitted within a certain designated radius around a specified structure. The lessor may specify the exact distance from the structure within which drilling is prohibited. 2. Conditional Waiver of Lease Provision: In certain cases, the lessor may agree to allow drilling within the designated distance of a structure, but only under specific conditions. These conditions might include obtaining written consent, implementing safety measures, or meeting certain regulatory requirements to minimize potential risks to the structure. 3. Alternative Energy Waiver of Lease Provision: With the increasing focus on alternative and renewable energy sources, lessors in Massachusetts may choose to include a provision that specifically addresses drilling activities related to these sources. For instance, a lessor might allow drilling for geothermal energy within a specified distance of a structure but prohibit drilling for oil or gas. 4. Easement Agreement Provision: Instead of including a standalone waiver provision, a lessor may opt to create an easement agreement. This agreement would grant the lessee certain limited rights to perform drilling activities within a defined area while specifying the terms, conditions, and limitations associated with that easement. 5. Compliance with Local Regulations: Massachusetts has various regulations governing drilling activities, including setback requirements, minimum distances from structures, and other safety precautions. Therefore, a waiver provision may also reference compliance with the specific state or local regulations that dictate drilling within certain distances from structures. It is important for both the lessor and lessee to carefully review and negotiate the terms of a Massachusetts Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within Specified Distance of Structure to ensure that the agreement adequately protects the lessor's property and interests while allowing the lessee to exercise their rights within the agreed-upon limitations.

A Massachusetts Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within Specified Distance of Structure is a contractual agreement in which a lessor, who owns the surface of a property, restricts or prohibits any drilling activities within a certain distance of a structure on the leased premises. This provision serves to protect the lessor's property and ensure the safety and integrity of any existing structures. In Massachusetts, there may be different types of waiver provisions depending on the specific circumstances and requirements of the lessor. Some of these variations may include: 1. Traditional Waiver of Lease Provision: This type of provision typically informs the lessee that no drilling activities, including but not limited to oil, gas, or water wells, are permitted within a certain designated radius around a specified structure. The lessor may specify the exact distance from the structure within which drilling is prohibited. 2. Conditional Waiver of Lease Provision: In certain cases, the lessor may agree to allow drilling within the designated distance of a structure, but only under specific conditions. These conditions might include obtaining written consent, implementing safety measures, or meeting certain regulatory requirements to minimize potential risks to the structure. 3. Alternative Energy Waiver of Lease Provision: With the increasing focus on alternative and renewable energy sources, lessors in Massachusetts may choose to include a provision that specifically addresses drilling activities related to these sources. For instance, a lessor might allow drilling for geothermal energy within a specified distance of a structure but prohibit drilling for oil or gas. 4. Easement Agreement Provision: Instead of including a standalone waiver provision, a lessor may opt to create an easement agreement. This agreement would grant the lessee certain limited rights to perform drilling activities within a defined area while specifying the terms, conditions, and limitations associated with that easement. 5. Compliance with Local Regulations: Massachusetts has various regulations governing drilling activities, including setback requirements, minimum distances from structures, and other safety precautions. Therefore, a waiver provision may also reference compliance with the specific state or local regulations that dictate drilling within certain distances from structures. It is important for both the lessor and lessee to carefully review and negotiate the terms of a Massachusetts Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within Specified Distance of Structure to ensure that the agreement adequately protects the lessor's property and interests while allowing the lessee to exercise their rights within the agreed-upon limitations.