A North Carolina Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within Specified Distance of Structure is a legal agreement between a lessor and a lessee involved in a lease agreement, where the lessor who owns the surface of the property prohibits drilling activities within a certain distance of a structure. This provision is commonly used in North Carolina, where landowners often have the rights to both the surface and the mineral rights of a property. By including this provision in a lease agreement, the lessor ensures that no drilling or extraction activities take place near a designated structure to safeguard its integrity and protect the lessee's interest. The North Carolina Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within Specified Distance of Structure can have different variations depending on the specific requirements and preferences of the parties involved. Some common types or variations of this provision could include: 1. Minimum Distance Specification: This variation specifies a minimum distance that must be maintained between any drilling activities and the structure mentioned in the provision. For instance, it may state that no drilling can occur within 500 feet of the structure. 2. Exclusion Zone Specification: In this type, instead of specifying a distance, the provision designates an exclusion zone around the structure, where drilling activities are completely prohibited. This ensures additional protection for the structure and any surrounding area. 3. Surface Ownership Verification: This variation might require the lessee or operator to verify the lessor's ownership of the surface before initiating drilling activities within the specified distance or exclusion zone. It serves as a legal safeguard and prevents unauthorized drilling near the structure. 4. Notification Requirement: This type could require the lessee to provide advanced notice to the lessor before commencing any drilling activities within the specified distance of the structure. This ensures that the lessor remains informed and can monitor the activities closely. It is important for the lessor and lessee to carefully review and negotiate the terms of the North Carolina Waiver of Lease Provision to ensure that it aligns with their specific needs and intentions. Consulting with a legal professional experienced in North Carolina real estate laws can provide valuable guidance in drafting and implementing the provision effectively while protecting the interests of both parties involved.