Surface Use by Lessee and Accommodation With Use of the Surface
Overview of this form
The Surface Use by Lessee and Accommodation With Use of the Surface form is a lease rider used in oil and gas lease transactions. Its primary purpose is to address specific concerns or impose limitations on the lessee's rights in relation to the surface use of leased property. This form is designed to protect agricultural interests and ensure that the lessee's operational activities do not unreasonably interfere with agricultural practices on the land.
Form components explained
- Provision for low-profile equipment to accommodate agricultural operations.
- Requirements for constructing pits or ramps to facilitate irrigation operations.
- Clauses addressing reasonable steps to prevent interference with agricultural use.
- Restrictions on the height and location of structures related to oil and gas operations.
- Conditions for the use of water resources and conducting geophysical operations.
When to use this document
This form should be used when entering into an oil and gas lease agreement where agricultural activities are significant on the leased land. If you're a lessor concerned about maintaining agricultural operations, or if you're a lessee required to ensure that your activities do not disrupt such operations, this form is essential for outlining mutual agreements and conditions.
Who should use this form
This form is suitable for:
- Landowners (Lessors) who wish to protect agricultural use of their land.
- Oil and gas companies (Lessee) seeking to secure rights while accommodating agricultural practices.
- Attorneys advising clients involved in lease agreements concerning oil, gas, and land use.
How to prepare this document
- Identify the parties involved: the lessor (landowner) and lessee (oil and gas company).
- Specify the property that is being leased for oil and gas development.
- Enter details regarding surface use and limitations to protect agricultural operations.
- Include clauses that define responsibilities for equipment and structures related to irrigation.
- Sign and date the form to make it legally binding.
Is notarization required?
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
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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.
Mistakes to watch out for
- Failing to specify the height limitations for equipment, which may lead to interference with irrigation.
- Not consulting with the lessor prior to commencing operations, leading to potential conflicts.
- Omitting clauses related to the agricultural use of the land.
Why complete this form online
- Convenient access to a legally vetted document tailored for your needs.
- Editable fields to customize the lease rider based on specific agricultural considerations.
- Quick download options for prompt use in lease negotiations.
Legal use & context
- This form establishes the contractual obligations between the lessor and lessee regarding land use.
- It helps to minimize disputes over surface rights and responsibilities in agricultural settings.
- Incorporates legal protections for agricultural operations while allowing for mineral extraction.
Key takeaways
- The form addresses surface use concerns in oil and gas leases with agricultural implications.
- It outlines conditions to prevent disruption of farming activities, protecting both parties' interests.
- Users must ensure that all relevant local laws and regulations are considered when using the form.
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FAQ
Surface estate means an estate in or ownership of the surface of a particular tract of land.MEANS AN INTEREST IN REAL PROPERTY THAT IS LESS THAN FULL FEE TITLE AND THAT DOES NOT INCLUDE MINERAL RIGHTS AS SHOWN BY THE REAL ESTATE RECORDS OF THE COUNTY IN WHICH THE REAL PROPERTY IS SITUATED.
In Texas, and most other states, the ownership of the mineral estate can be separated (severed) from the surface estate. Put another way, one person may own the rights to use the surface of a piece of property while another person has the right to use the minerals underneath the property.
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.
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 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 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.
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.
