Nebraska Surface Damage Agreement Between Surface Owner and Lessee

State:
Multi-State
Control #:
US-OG-253
Format:
Word; 
Rich Text
Instant download

Description

This form is used when Surface Owner is the owner of the surface of the lands that are the subject of the Lease and Lessee has agreed to pay and Surface Owner has agreed to accept the amount listed in the agreement as payment for damages, if any, that may occur in connection with Lessee's operations on the Lands under the terms of the Lease.

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FAQ

Surface rights owners own the surface and substances such as sand and gravel, but not the minerals. The company or individual who owns the mineral rights owns all mineral substances found on and under the property. There are often different surface and mineral owners on the same land.

Mineral rights are the rights to underground resources including oil, natural gas, gold, silver, copper, iron, coal, uranium, and other minerals. Sand, gravel, limestone, and subsurface water are not considered mineral rights and typically belong to the surface rights holder.

Finally, the court reiterated what prior opinions had held in Texas. The term minerals or oil, gas and other minerals does not include limestone, caliche, surface shale, building stones, sand, gravel and water regardless of whether the water is located on the surface or in the ground.

Not owning the mineral rights to a parcel of land doesn't mean your property is worthless. If someone else owns the mineral rights and they sell those rights to an individual or corporation, you can still make a profit as the surface rights owner. You have the rights of ingress and egress.

Owning a property's ?mineral rights? refers to ownership of the mineral deposits under the surface of a piece of land. The rights to the minerals usually belong to the owner of the surface property, or surface estate. In Texas, though, those rights can be transferred to another party.

?Either the landowner sells the minerals and retains the surface, or more commonly, the landowner sells the surface and retains the minerals. If the seller fails to reserve the minerals when selling the surface, the buyer automatically receives any mineral interest the grantor owned at the time of conveyance.?

In Texas, the mineral estate is considered separate and distinct from the surface estate. This means that the mineral estate can be bought and sold separately from the surface estate. The mineral estate owner has exclusive rights to any and all minerals located beneath the land's surface.

Texas follows the Rule of Capture in determining ownership of groundwater. Under this rule, groundwater is considered the private property of the landowner.

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More info

001.03 Mineral lease shall mean a written agreement under which the owner of the mineral interest grants the lessee the right to use the land for mineral ... May 8, 2019 — A Surface Use Agreement (SUA) is a contract between a surface owner and the lessee to an oil and gas lease. Learn how to negotiate a Surface ...(3) "Mineral developer" means the owner of a severed mineral estate or any lessee ... 1987), the court summarized the possible bases for surface owner damage ... by LC Davis · Cited by 8 — heirs having knowledge of his ownership of Nebraska land. In 1905 B, an ... drilling or operation on the land by the surface owner or his lessee, will ... When an oil, gas or mineral lease is given on land situated within the State of Nebraska, the recording thereof in the office of the register of deeds of the ... Seismic Option Agreement with Option to Purchase Interest in Oil and Gas Leases (From Lessee) ... Surface Damage Agreement (Between Surface Owner and Lessee) ... Consent to Well Location (By Lessor or Surface Owner) · Index ... Surface Use Agreement (Establishing Amounts Lessee will Pay for Road and Location Damages) ... ... owner of abutting real estate for damages caused by changing the grade of street. ... Measure of damages for lowering the surface of street in front of lots was ... by J Fambrough · 2009 · Cited by 4 — The surface owner's consent is not required for this right to be exercised. The mineral lessee is liable for surface damages only in limited situations ... by RW Polston · 1987 · Cited by 29 — 1960) (oil and gas lessee has a right of access to the surface but must compensate landowner for surface damages); IND. CODE ANN. S 32-5-7-2(b)-(c) (Burns Supp.

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Nebraska Surface Damage Agreement Between Surface Owner and Lessee