Montana 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 Montana waiver of lease provision by a lessor who owns the surface, prohibiting drilling within a specified distance of a structure, refers to a contractual agreement between a landowner (lessor) and an oil and gas company (lessee). This provision restricts drilling activities within a certain distance of a structure present on the leased property. The purpose of this provision is to protect the safety and integrity of the structure, ensuring that potential drilling operations do not pose a threat or disrupt the function of the nearby building. In Montana, landowners have the right to include a waiver of lease provision in their agreements, which allows them to stipulate restrictions specific to their property's unique circumstances. These provisions can vary in terms of the distance from the structure within which drilling is prohibited, the types of structures covered, and any additional limitations or requirements imposed. There are several types of Montana waiver of lease provisions that may be implemented: 1. Residential Structure Waiver: This type of provision prohibits drilling within a specified distance of residential structures, such as houses, apartments, or other buildings where people live. 2. Commercial Structure Waiver: Similar to the residential structure waiver, this provision applies to structures used for commercial purposes. It restricts drilling within a certain distance of buildings like offices, stores, warehouses, or other commercial facilities. 3. Public Building or Infrastructure Waiver: This provision safeguards public buildings and infrastructure from nearby drilling activities. It may include schools, hospitals, government buildings, or critical infrastructure like roads, bridges, and water systems. 4. Historic Structure Waiver: Some landowners may choose to protect historic structures from potential drilling impacts. This type of waiver prevents drilling within a specified distance of historically significant buildings or landmarks. 5. Agricultural Structure Waiver: For land used primarily for agricultural purposes, this provision restricts drilling near structures such as barns, silos, or other farm buildings to ensure the safety and functionality of the agricultural operations. It's important for landowners and oil/gas companies to negotiate and include specific provisions in the lease agreement to address the concerns and requirements of both parties. The waiver of lease provision must be detailed and clearly define the distance within which drilling is prohibited as well as any exceptions or mitigations that may apply. Communication and cooperation between the lessor and lessee are essential to ensure compliance with the waiver and maintain a safe and peaceful coexistence between drilling operations and existing structures.

A Montana waiver of lease provision by a lessor who owns the surface, prohibiting drilling within a specified distance of a structure, refers to a contractual agreement between a landowner (lessor) and an oil and gas company (lessee). This provision restricts drilling activities within a certain distance of a structure present on the leased property. The purpose of this provision is to protect the safety and integrity of the structure, ensuring that potential drilling operations do not pose a threat or disrupt the function of the nearby building. In Montana, landowners have the right to include a waiver of lease provision in their agreements, which allows them to stipulate restrictions specific to their property's unique circumstances. These provisions can vary in terms of the distance from the structure within which drilling is prohibited, the types of structures covered, and any additional limitations or requirements imposed. There are several types of Montana waiver of lease provisions that may be implemented: 1. Residential Structure Waiver: This type of provision prohibits drilling within a specified distance of residential structures, such as houses, apartments, or other buildings where people live. 2. Commercial Structure Waiver: Similar to the residential structure waiver, this provision applies to structures used for commercial purposes. It restricts drilling within a certain distance of buildings like offices, stores, warehouses, or other commercial facilities. 3. Public Building or Infrastructure Waiver: This provision safeguards public buildings and infrastructure from nearby drilling activities. It may include schools, hospitals, government buildings, or critical infrastructure like roads, bridges, and water systems. 4. Historic Structure Waiver: Some landowners may choose to protect historic structures from potential drilling impacts. This type of waiver prevents drilling within a specified distance of historically significant buildings or landmarks. 5. Agricultural Structure Waiver: For land used primarily for agricultural purposes, this provision restricts drilling near structures such as barns, silos, or other farm buildings to ensure the safety and functionality of the agricultural operations. It's important for landowners and oil/gas companies to negotiate and include specific provisions in the lease agreement to address the concerns and requirements of both parties. The waiver of lease provision must be detailed and clearly define the distance within which drilling is prohibited as well as any exceptions or mitigations that may apply. Communication and cooperation between the lessor and lessee are essential to ensure compliance with the waiver and maintain a safe and peaceful coexistence between drilling operations and existing structures.