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.
Oklahoma Surface Use by Lessee and Accommodation With Use of the Surface
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Multi-State
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US-OG-829
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How to fill out Surface Use By Lessee And Accommodation With Use Of The Surface?
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FAQ
"Accommodation" and "accommodation doctrine" mean the exercise of mineral development rights with due regard for the rights of the surface owner as to surface use and improvements, if technologically sound and economically practicable alternative methods of mineral development exist.
In Oklahoma, there are two major categories of land rights: surface rights and mineral rights. Surface rights are rights attached to the surface of the land. With surface rights, you have access to and the ability to build or otherwise use the surface of the land. Mineral rights are sub-surface rights.
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.
Surface interest refers to the ownership rights of the surface of a property, excluding any mineral rights. The owner of the surface interest has the right to use and enjoy the surface of the property, but must allow the owner of the mineral interest to access and use the surface for mineral extraction.
On average, a single acre's mineral rights can range from as low as $200 to over $10,000+ on the high end. As you might expect, the prices will vary depending on the mineral in question, the number of wells currently drilled, the current production rate, the existence of pipeline infrastructure, and much more.
The Oklahoma Surface Damage Act guides interactions and negotiations between land surface owners and the oil companies and others who have the mineral rights. In the state, and elsewhere throughout the U.S., the owners of land parcels do not always also have ownership of what may lay below the surface.
In the United States, mineral rights can be sold or conveyed separately from property rights. As a result, owning a piece of land does not necessarily mean you also own the rights to the minerals beneath it. If you didn't know this, you're not alone. Many property owners do not understand mineral rights.