Agreement Waiving Surface Use by Oil and Gas Lessee
What is this form?
The Agreement Waiving Surface Use by Oil and Gas Lessee is a legal document that allows the Lessor to sell, subdivide, or partition the land covered by an oil and gas lease. This agreement facilitates a partial waiver of surface use, permitting certain surface activities by the Lessor while maintaining the Lesseeâs rights concerning mineral extraction. Unlike other lease agreements, this form specifically addresses surface use and does not diminish the Lessee's rights under the existing oil and gas lease.
What’s included in this form
- Identification of the parties involved: Lessor, Lessee, and Assignee.
- Details regarding the original oil, gas, and mineral lease and the assignment of rights.
- Specific terms of the partial waiver of surface use for delineated portions of the land.
- Assurances that the waiver does not impact Lessee's rights to explore and extract minerals beneath the surface.
- Provisions for access to necessary infrastructure such as streets and pipelines.
- Acknowledgment of the validity of the lease by the Lessor.
Situations where this form applies
This form is useful when a landowner (Lessor) wants to enhance their property by selling or subdividing it while also allowing some continued use of the land by the oil and gas Lessee. It is particularly applicable in situations where surface activities could impede oil, gas, or mineral extraction, but the Lessor still wishes to utilize portions of the land for development or other purposes.
Who should use this form
- Lessors who own land that is subject to an oil and gas lease and wish to sell or subdivide it.
- Lessee parties looking to negotiate terms regarding surface use waivers.
- Real estate developers wanting to understand how surface use waivers may affect land use plans.
- Attorneys or legal representatives involved in property and oil and gas industry transactions.
How to prepare this document
- Identify the parties involved: Enter the names of the Lessor, Lessee, and Assignee.
- Specify the lease details: Provide information about the original oil, gas, and mineral lease, including its recording location.
- Detail the portions of land being waived: Clearly indicate the specific areas subject to surface use waiver.
- Document consideration: Record the payment or valuable consideration exchanged for the waiver.
- Ensure all parties sign and date the agreement to validate it.
Notarization requirements for this form
This form does not typically require notarization unless specified by local law. However, having it notarized can enhance its legal validity and provide additional security in transactions.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to clearly describe the specific land portions subject to the waiver.
- Neglecting to include the necessary signatures or dates, which can void the agreement.
- Using outdated lease information that may not align with current property legalities.
Why complete this form online
- Convenience of accessing the form anytime without the need to visit a lawyerâs office.
- Editability allows users to fill in necessary details at their own pace.
- Reliability, as the form is drafted by licensed attorneys to ensure legal compliance.
Legal use & context
- The agreement helps clarify the surface use rights while protecting the lessee's mineral interests.
- It is important for maintaining legal boundaries between lessors and lessees.
- In the context of a property transaction, it ensures that the lessor can proceed without infringing upon the lessee's rights.
Main things to remember
- The form enables lessors to manage surface rights while ensuring lessees retain their mineral rights.
- Completing the form accurately requires attention to detail in all sections.
- Using this form online can enhance convenience and reliability for all parties involved.
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FAQ
When mineral rights are owned by a third party, it may affect your use of the surface in the future. Surface rights are subservient to mineral rights, which means the owner of a mineral servitude will be able to access and use the surface to extract the minerals from underneath.
For many years, almost all oil and gas leases reserved a 1/8th royalty. Today, the royalty fraction is negotiable, and is usually between 1/8th and 1/4th. Bonus. The bonus is the amount paid to the Lessor as consideration for his/her execution of the lease.
(Oil & Gas Exploration and Production) An oil, natural gas, and mineral lease gives the lessee rights to exploit minerals beneath the surface of the property.It also grants the lessee the right to utilize the surface of the property to access those minerals.
Texas courts have long held that the mineral estate is the dominant estate, and that the mineral owner, or the owner's lessee, has an implied easement to use the surface in a manner that is reasonably necessary to develop the minerals.
In states with split ownership laws, land can be sold to only include surface rights. This means that if oil or gas is present under the soil, the landowner will have no legal rights to them.
In the event oil and gas were found and the wells produce, then the royalties kick in. So if the oil well produce 100 barrels a day, and the price of oil is $80 per barrel that month, then the cash flow is 100x$80 = $8,000/day The royalty owner, who agreed to 15% royalty, would receive $8,000 x 0.15 = $1,200/day.
Surface lease means a lease, easement, or other agreement providing the holder with the right to enter the surface of any land for the purpose of constructing and operating a well, facility, flowline, roadway, or power line; Sample 1. Based on 1 documents. Save.
An oil lease is essentially an agreement between parties to allow a Lessee (the oil and gas company and their production crew) to have access to the property and minerals (oil and gas) on the property of the Lessor. The lease agreement is a legal contract of terms.It establishes the primary term of the lease.
