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A surface use agreement, which is also sometimes referred to as a land use agreement, is an agreement between the landowner and an oil and gas company or an operator for the use of the landowner's land in the development of the oil and gas.
These basic lease terms ? bonus, royalty, term, delay rental (if any) and shut-in royalty --are typically the "deal terms" negotiated between the Lessor and Lessee. The Lessor typically wants the highest bonus, delay rental and royalty fraction he can get, and the shortest primary term. The Lessee wants the opposite.
What are some of the provisions that are normally found in an oil and gas lease? An oil and gas lease will normally contain the following types of provisions: a granting clause, description clause, term clause, royalty clause, pooling clause, surface-use clauses, and various miscellaneous clauses.
A mineral lease is a contractual agreement between the owner of a mineral estate (known as the lessor), and another party such as an oil and gas company (the lessee). The lease gives an oil or gas company the right to explore for and develop the oil and gas deposits in the area described in the lease.
Oil and gas lessees retain royalties on all production from their lease. The mineral rights owners receive a royalty interest since drilling and production costs are not deducted from it. Most oil and gas royalty interests are expressed as fractions or percentages.
Negotiating an oil and gas lease will require some research upfront. If you're a landowner interested in working with an oil and gas company, you should explore their history and experience. You'll want to work with a reputable company that works in your best interests, holds a high standard, and maintains insurance.
Types of Oil & Gas Lease Forms The type used most often by oil and gas companies today is known as the ?Paid-Up? lease. In this type of lease form, no bonus payments are due from the company after the lease is signed... you get 100% of your lease bonus money combined with the annual rental payments up front.
A top lease is an oil and gas lease covering a mineral estate that is cur- rently under a valid, existing oil and gas lease. The top lease has been de- scribed as a "partial alienation of a possibility of reverter"3 and as a "present. grant of a future interest."14 In oil and gas terms, the prior lease is frequently.