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Surface rights are, as the name implies, the rights to the surface area of a piece of land. This includes any structures on the property, as well as the rights to farm the land or exploit aboveground resources such as trees, plants, or water according to local laws and ordinances.
As a general rule of thumb, the value for non-producing mineral rights will nearly always be less than $1,000/acre. In most cases, the mineral rights value in Texas for non-producing minerals will be $0 to $250, but producing minerals $25,000+ per acre is not unusual.
Surface Lease: provides an exclusive right to use or occupy the surface of lands required for operations within a contract area. Right of Way: provides an easement in lands, or a right to cross over lands, as required for operations within a contract area.
Landowners commonly sever and sell their mineral rights, often to big oil and gas exploration companies. The most common way of claiming mineral rights today is by buying them at auction or through private sales .
Mineral Lessee's Implied Right to Use the Surface Estate Under Texas law, this right allows that oil company to use as much of the surface estate as is reasonably necessary for mineral exploration and production. This right is implied in the mineral lease and requires no permission or consent from the surface owner.
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.
Surface Agreements means any contracts, rights, permits, permissions or licenses to use of the surface estate as related to the Assets, including any surface leases, surface use rights or agreements or any similar surface rights, agreements or licenses relating to the Assets.
The broadest contractual limitation is a surface waiver agreement through which the owner of the mineral estate waives the right to use the surface of the land where the project is located. Mineral owners may not be inclined to sign such a broad limitation.
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.