Michigan Waiver of Lease Provision by Owner of Surface of Lands is a legal agreement between a land surface owner and a lessee that allows the owner to waive their rights to any lease provisions related to the usage or development of the land's surface. The waiver is usually granted by the surface owner to support the lessee's activities such as drilling for oil or gas, mining, or other commercial developments. This provision is commonly seen in the context of mineral rights leases, where the surface owner may not want to hinder or restrict the lessee's operations. The Michigan Waiver of Lease Provision by Owner of Surface of Lands serves to release the lessee from any obligations, restrictions, or liabilities arising from the lease contract that pertains specifically to the surface of the land. By executing this waiver, the surface owner acknowledges and accepts that the lessee has the right to access, use, and develop the land's surface as per the terms of the lease agreement without interference. In Michigan, there are a few different types or variations of waiver of lease provisions that may be used by owners of surface lands. These can include: 1. Waiver of Surface Use Provision: This type of waiver grants the lessee the unrestricted use of the land's surface for activities specified in the lease agreement, such as exploration, drilling, mining, or installation of infrastructure. 2. Waiver of Surface Damage Provision: This provision allows the lessee to proceed with their operations without being held responsible for any damages caused to the surface of the land. The owner acknowledges that the lessee's activities may cause disturbances or alterations to the land's surface, and therefore waives any claims related to such damages. 3. Waiver of Right to Control Surface Activities: This type of waiver relinquishes the surface owner's right to regulate or control the lessee's activities on the land's surface. It acknowledges that the lessee has the authority to carry out their operations without requiring additional approvals or permissions from the surface owner. 4. Waiver of Surface Access Restrictions: In some cases, a lease agreement may have specific provisions restricting the lessee's access to certain areas of the land's surface. This waiver allows the lessee unrestricted access to all parts of the surface for their operations, overriding any previous access limitations. It is essential to note that the specific content and terms of the Michigan Waiver of Lease Provision by Owner of Surface of Lands may vary depending on the individual circumstances, lease agreement, and the objectives of both the surface owner and the lessee. Consulting with a qualified attorney is recommended to ensure the precise drafting and legal effectiveness of such provisions.