Oklahoma Surface Use Agreement, also known as a Surface Use Agreement (Sung), is a legal document that outlines the rights and responsibilities of parties involved in oil and gas operations on private or public lands in the state of Oklahoma. This agreement contains provisions relative to indemnity, which is an important aspect of protecting the parties involved in the event of any damage, injury, or liability arising from the exploration, drilling, production, or transportation activities. The Oklahoma Surface Use Agreement is specifically designed to protect the surface owner, the operator (usually an oil and gas company), and any other parties who may have an interest in the property where the operations are conducted. It covers various aspects, including access to the property, surface disturbance, compensation, liability, insurance, and indemnification. Indemnity provisions within the Oklahoma Surface Use Agreement ensure that if any damage, injury, or liability occurs during the oil and gas operations, the responsible party will be obligated to compensate the affected parties for any losses incurred. This provision plays a vital role in mitigating risks and protecting the rights of all parties involved in the agreement. Different types of Oklahoma Surface Use Agreements may exist, depending on various factors such as the specific circumstances of the project, the type of land involved (private or public), and the unique requirements of the surface owner or operator. Some common variations may include: 1. Standard Oklahoma Surface Use Agreement: This is a generic agreement that outlines the basic terms and conditions applicable to surface use in oil and gas operations on private lands in Oklahoma. 2. Public Lands Surface Use Agreement: When oil and gas operations are conducted on public lands, such as state-owned or federally-managed property, specific provisions and regulations may apply. The Oklahoma Surface Use Agreement for public lands will contain additional provisions to comply with government regulations. 3. Enhanced Indemnity Surface Use Agreement: In certain cases, the surface owner may require additional protection or compensation. An enhanced indemnity agreement may be negotiated to offer increased indemnification provisions to safeguard the surface owner's interests. 4. Limited Surface Use Agreement: When the oil and gas operations have minor surface disturbance requirements, such as drilling a single well, a limited surface use agreement can be employed to address the specific needs of the project while providing necessary indemnity provisions. In summary, the Oklahoma Surface Use Agreement (Contains Provisions Relative to Indemnity) is a legal document that establishes the rights and obligations of parties involved in oil and gas operations on private or public lands in Oklahoma. It ensures that all parties are protected through indemnity provisions, with different variations available depending on the unique circumstances of the project and the specific requirements of the surface owner or operator.
Oklahoma Surface Use Agreement (Contains Provisions Relative to Indemnity)
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§15-221. "Construction agreement" defined - Limitations on liability arising out of death or bodily injury void - Exceptions.
A landowner may own the rights to everything on the surface, but not the rights to underground resources such as oil, gas, and minerals. In the United States, landowners possess both surface and mineral rights unless they choose to sell the mineral rights to someone else.
In the United States, mineral rights can be sold or conveyed separately from property rights. As a result, owning a piece of land does not necessarily mean you also own the rights to the minerals beneath it. If you didn't know this, you're not alone. Many property owners do not understand mineral rights.
To own oil or any other mineral coming from your land, you must have mineral rights in addition to your property rights. In other countries, the government has a sovereign claim over all mineral rights. In the United States, private individuals can own mineral rights, unless already reserved by the government.
Without mineral rights, the buyer forfeits any potential financial gains that could have been made from extracting valuable resources. If the land does contain valuable minerals or resources, the buyer will not benefit from any royalties or leasing agreements.
Surface rights refer to the legal rights and privileges associated with the use, control, and ownership of the surface of a piece of land or property. These rights typically include the ability to occupy, build, develop, and make use of the land's surface for various purposes.
When you come across oil on a piece of land, research whether you own the rights to the minerals or not. If you own the mineral rights, you can either participate in developing the minerals, lease them, or sell them. You should also hire the services of an attorney to help make the process smoother.
Since mineral rights can be sold separately from the land itself, even if you own the land, someone else may hold ownership of what's below it. And because of the intrinsic value of what's below the surface, the land itself may come with a price tag much higher than otherwise seen in the area.