This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.
Louisiana Surface Use by Lessee and Accommodation With Use of the Surface
Category:
State:
Multi-State
Control #:
US-OG-829
Format:
Word;
Rich Text
Instant download
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How to fill out Surface Use By Lessee And Accommodation With Use Of The Surface?
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FAQ
Many landowners are surprised to know that groundwater is considered part of the surface estate, and not part of the mineral estate. Under Texas law, unless specified otherwise, the mineral estate consists only of oil, gas, uranium, sulfur and salt.
The general (common law) rule in the case of a split estate is that the mineral estate is ?dominant.? This means that the owner of the surface estate cannot prohibit the owner of the mineral estate from accessing and developing the minerals.
Under the Accommodation Doctrine, the surface owner must generally show that the particular surface activities are not ?reasonably necessary? to extract the oil or gas. Haupt Inc. v. Tarrant County Water, 870 S.W.
Reasonable Accommodation Doctrine Disputes in Colorado This doctrine directs the operator to carry out operations to accommodate the surface owner by minimizing intrusion upon and damage to the surface of the land, including the use of alternative well locations or alternative operations.
Mineral rights are ownership claims against the natural resources located beneath a plot of land.
In order to apply the Accommodation Doctrine, the surface owner must prove that the groundwater owner's use of the surface precludes or substantially impairs the existing use; that the surface owner has no available, reasonable alternative to continue existing use; and that the groundwater owner has reasonable, ...
?Surface rights? refers to the right to control the surface of the land. Existing structures are included under this umbrella. Typically, when property is purchased, the transaction includes the surface and mineral rights.
Under the Accommodation Doctrine, the surface owner must generally show that the particular surface activities are not ?reasonably necessary? to extract the oil or gas.