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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 estate means an estate in or ownership of the surface of a particular tract of land.
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.
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.
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 soft consent is one that prohibits assignment without consent but does not specify a remedy for the breach.
Surface Lease Any agreement entered into by an owner or occupant with a company under which the surface of the land may be used and which provides for the payment of compensation.
A surface lease is required for any above surface structure which typically includes wells, access roads and other oil and gas facilities. These structures are usually subject to annual rents for use of the land surface. #800, 10025106 Street, Edmonton, AB T5J 1G4 Tel: (780) 424-5099 Fax: (780) 424-5133.
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 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.