Houston Texas Waiver of Lease Provision by Owner of Surface of Lands

State:
Multi-State
City:
Houston
Control #:
US-OG-156
Format:
Word; 
Rich Text
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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.

Houston Texas Waiver of Lease Provision by Owner of Surface of Lands is a legal document that gives the owner of a piece of land in Houston, Texas the right to waive certain provisions within a lease agreement. This provision allows the landowner to modify or remove specific clauses or requirements within the lease agreement that pertain to the surface of the land. One type of Houston Texas Waiver of Lease Provision by Owner of Surface of Lands is the Environmental Liability Waiver. This waiver absolves the landowner from any responsibilities or liabilities related to existing or future environmental contamination or hazards on the land. By signing this provision, the tenant assumes all risks and responsibilities associated with environmental issues on the surface of the land. Another type is the Access and Easement Waiver, which allows the landowner to waive any rights to grant access or easements to the tenant. This provision gives the landowner control over who can access the land and for what purposes. The Maintenance and Repairs Waiver is yet another type. This provision enables the landowner to transfer the responsibility for maintenance and repairs of the surface of the land to the tenant. By signing this waiver, the tenant assumes the obligation to keep the land in good condition and undertake any necessary repairs during the lease term. A Land Use Restriction Waiver is also a type of Houston Texas Waiver of Lease Provision by Owner of Surface of Lands. This provision releases the landowner from any restrictions on the use of the land specified in the lease agreement. The tenant, in turn, gains flexibility in determining the appropriate use of the land without being constrained by any predefined limitations. The Insurance Requirement Waiver is another common type of waiver in Houston, Texas. With this provision, the landowner relinquishes the requirement for the tenant to provide specific insurance coverage for the surface of the land. The tenant is then relieved from the burden of obtaining and maintaining certain insurance policies, resulting in potential cost savings. In summary, Houston Texas Waiver of Lease Provision by Owner of Surface of Lands is a legal document that allows landowners to modify or remove certain clauses within a lease agreement related to the surface of their land. Types of waivers may include Environmental Liability, Access and Easement, Maintenance and Repairs, Land Use Restriction, and Insurance Requirement waivers. Each waiver serves a specific purpose in granting the landowner more control or relieving them from particular responsibilities associated with the leased land.

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FAQ

In Texas, a lease between a landlord and tenant survives a sale when the landlord sells the home to a new owner unless the lease explicitly states otherwise in writing. This means that if your landlord sells the house you're living in, the new owner is assuming the current lease.

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.

While the government grants mineral rights to a company to explore for and produce oil and natural gas, mineral rights do not include access to the surface land ? surface access is granted by the landowner.

According to Section 91.001 of the Texas Property Code, a month-to-month lease may be ended by either the tenant or the landlord. Once they notify the other party, the tenancy ends on whichever of the following is later: The day stated in the notice; or.

MINERAL RIGHTS IN TEXAS. U.S. property owners have rights not only to the surface of their land and all structures, but also to everything that lies below the surface. This means that the property owner may control minerals, like gas and oil, that may exist below the surface.

If the landlord sells, dies, or transfers the property, the new owner is obligated to honor your lease and any other agreement you made with the original owner or management.

This means that a mineral owner (or lessees, as the case frequently is) has the right to use as much of the surface estate as is reasonably necessary for the production of minerals like oil and gas without compensation to the surface owner.

Surface Waiver and Accommodation Agreements 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.

This is important to keep in mind, especially if you consider purchasing a piece of land that already has a structure built. The surface estate would include the house and everything else on the property, while the mineral estate would only include the resources below ground.

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Houston Texas Waiver of Lease Provision by Owner of Surface of Lands