Texas Waiver of Lease Provision by Owner of Surface of Lands

State:
Multi-State
Control #:
US-OG-156
Format:
Word; 
Rich Text
Instant download

Description

This form addresses provisions that may be contained in an oil and gas lease restricting the use of the surface of lands. The form provides for the lease restrictions, contained in a lease, to be identified in the document.

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FAQ

Hear this out loud PauseThe surface use agreement will specify what the oil and gas company or operator can do on the landowner's land in developing the oil and gas, where development can take place, and what compensation the landowner will receive.

?Surface rights? refers to the right to control the surface of the land. Existing structures are included under this umbrella. Typically, when property is purchased, the transaction includes the surface and mineral rights.

There are two types of rights that may be included in land ownership: surface rights and mineral rights. A landowner may own the rights to everything on the surface, but not the rights to underground resources such as oil, gas, and minerals.

Not owning the mineral rights to a parcel of land doesn't mean your property is worthless. If someone else owns the mineral rights and they sell those rights to an individual or corporation, you can still make a profit as the surface rights owner. You have the rights of ingress and egress.

Hear this out loud PauseIn Texas, the mineral estate is considered separate and distinct from the surface estate. This means that the mineral estate can be bought and sold separately from the surface estate. The mineral estate owner has exclusive rights to any and all minerals located beneath the land's surface.

Mineral rights ownership can be established in the following ways: Deed. A deed is used in transferring the ownership of mineral rights from one party to the other. Lease. ... Severance. ... Adverse Possession. ... Surface Use Agreement. ... Royalties. ... Mineral Estate. ... Texas Railroad Commission.

Hear this out loud PauseWaive 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.

Hear this out loud PauseEnacted in 1919, the Relinquishment Act, as interpreted by the Courts, reserves all minerals to the State in those lands sold with a mineral classification between September 1, 1895 and June 29, 1931.

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Texas Waiver of Lease Provision by Owner of Surface of Lands