Surface Use Agreement
What is this form?
A surface use agreement is a legal document that grants the designated grantee the right to use the surface of specified lands. This form primarily pertains to the operations related to oil and gas fields, allowing the grantee to access and utilize the land for necessary activities without needing to purchase the land. Unlike other property agreements, a surface use agreement specifically focuses on surface rights while the underlying mineral rights may be retained by the grantor or other parties.
Form components explained
- Parties involved: Clearly identifies the grantor and grantee.
- Description of the land: Specifies the exact location and boundaries of the property being used.
- Rights granted: Details the rights of ingress and egress and other operational liberties for the grantee.
- Indemnification clause: Outlines the release of liability for the grantee concerning damages to the surface land.
- Termination conditions: Provides scenarios under which the agreement may be terminated.
When this form is needed
This form should be used when a landowner (grantor) agrees to allow another party (grantee) to access and use the surface of their land for activities associated with oil and gas operations. It's essential for situations where surface access is necessary for establishing wells, pipelines, or related facilities, and where such activities may impact the land's surface use.
Intended users of this form
- Landowners seeking to lease surface rights for oil and gas operations.
- Companies or individuals involved in oil and gas exploration or production.
- Real estate professionals ready to formalize surface agreements.
- Legal representatives assisting clients in drafting surface use agreements.
How to prepare this document
- Identify the parties: Enter the names and addresses of the grantor and grantee.
- Describe the land: Clearly state the description of the lands and attach a plat as needed.
- Outline the rights: Specify the rights granted to the grantee regarding surface access and use.
- Determine the duration: Indicate the term of the agreement and any conditions for renewal or termination.
- Execute the agreement: Ensure both parties sign and date the document, indicating their consent and understanding.
Does this document require notarization?
Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
Get your form ready online
Our built-in tools help you complete, sign, share, and store your documents in one place.
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.
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.
Common mistakes to avoid
- Failing to fully describe the landâs location, which may lead to disputes.
- Not specifying the duration of surface use, leaving the terms unclear.
- Overlooking clauses that detail liability and indemnification responsibilities.
- Neglecting witness or notary requirements when necessary.
Benefits of completing this form online
- Convenience: Easily download and fill out the form at your convenience.
- Editability: Modify the form as needed to meet your specific circumstances.
- Reliability: Access professionally drafted templates that are legally compliant.
Looking for another form?
Form popularity
FAQ
(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.
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.
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.
Land Use Agreements means (a) the Lease, (b) any access right or other right to use or traverse real property, and (c) any encumbrance, easement, license, restriction, or limitation of any kind applicable to the Site or used in connection with the construction of the Project.
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.
A Land Use Contract (LUC) is an agreement between a local government and a land owner that provided the land owner with development rights over and above what was allowed under current zoning.
How far down the mineral rights go depends on the mineral and technology used. The average depth of open-pit mining a surface mining technique used to extract metals such as nickel, copper, uranium, and coal is between 100500 meters. For deep mining, the average depth is 2.83.4 kilometers.
Surface rights. Ownership rights in real property that include the right to occupy the land, develop it with buildings and fixtures and even to destroy its resources such as timber and water. air space rights.
What are surface rights? 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.
