Montana Surface Use Agreement (Oil and Gas Operations)
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FAQ
An oil and gas lease is deemed to be real property. However, a lease to explore for oil and gas creates an interest or estate in realty which is not deemed a real estate. The lessee's interest in an oil and gas lease can be personal property.
Mineral rights are ownership claims against the natural resources located beneath a plot of land.
Subsurface rights usually include the right to oil, minerals and even water that's found beneath the land's surface.
A mineral lease is a contractual agreement between the owner of a mineral estate (known as the lessor), and another party such as an oil and gas company (the lessee). The lease gives an oil or gas company the right to explore for and develop the oil and gas deposits in the area described in the lease.
Yes, subsurface rights are considered real property. This includes the rights to any minerals, oil, gas, or other natural resources that may be located beneath the surface of the land. These rights can be bought, sold, leased, or inherited like any other real property.
Surprisingly, these materials may or may not belong to the surface owner. Millions of acres of private land in the Montana/Dakotas region involve a split estate; where the surface ownership is private but the mineral rights are retained by the federal government or other entities.
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.
: a deed by which a landowner authorizes exploration for and production of oil and gas on his land usually in consideration of a royalty.
