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A use and occupancy agreement - sometimes referred to as a U&O - is a temporary agreement between the buyer and the seller that allows one party the right to use and occupy the property for a set period of time.
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.
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.
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.
A Surface Use Agreement is a voluntary agreement between the surface owner and the mineral owner/lessee (usually an oil and gas company) that will govern relations between the two parties.
Surface rights include physical structures, trees, plants, and water. In some states, surface rights only include ownership to a particular soil depth. For example, you have enough soil ownership to plant trees or other plants but may not be able to drill for oil and gas.
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.
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.