New Jersey Agreement Waiving Surface Use by Oil and Gas Lessee

State:
Multi-State
Control #:
US-OG-655
Format:
Word; 
Rich Text
Instant download

Description

This form is used when the Lessor desires to sell, subdivide, or partition all or a part of the lands covered by the Lease (the Lands), and has requested a partial waiver of surface use of certain portions of the Lands subject to the Lease, and a waiver is agreeable to Lessee. This Agreement relates solely to the surface use and does not in any other way affect or diminish the Lessee's rights, interests and estate under the Lease.

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FAQ

Waive your rights to surface rights under a mineral lease with this Waiver of Surface Rights form for Texas lands. Surface rights include all rights of ingress and egress, and the right to enter the property for purposes of exploring, developing and extracting oil, gas and/or minerals from the property.

What does it mean to sell a property and retain mineral rights? A seller who wishes to sell a parcel of land can decide to limit the access of the new owner to everything above the surface, which is covered by the surface rights. As a result, the seller will still have rights over any minerals beneath the land.

Surface rights determine who owns the rights to the surface of the land, while mineral rights determine who has the right to mine the minerals below the surface of the property. Mineral rights include oil and natural gas resources. Mineral rights can be completely separate from land rights.

The owner of the Mineral Estate has the right to use a reasonable amount of the surface to explore for oil and gas or grant a lease to an oil and gas company. In Colorado, it's common for surface rights and mineral rights to be severed and owned by different people.

Generally speaking, buying land without mineral rights means that you only own the surface property. As the surface land owner, you can do almost whatever you want with the land surface, whether it is grow crops, build a structure, rent it out, etc. These are pretty basic land rights.

The value of mineral rights per acre differs from state to state. Typically, the price ranges from $100 to $5,000 per acre in several states. In Texas, the average price per acre for non-producing mineral rights is usually between $0 and $250 per acre, as a general guideline.

Whether you have an offer on the table or not, you may have good reasons to sell your mineral rights: To pursue other opportunities. If you have a nonproducing property, you might have to wait years for anything to happen ? and nothing may ever happen, even after multiple leases.

Mineral rights are ownership rights that allow the owner the right to exploit minerals from underneath a property. The rights refer to solid and liquid minerals, such as gold and oil. Mineral rights can be separate from surface rights and are not always possessed by the property owner.

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New Jersey Agreement Waiving Surface Use by Oil and Gas Lessee