Texas Release and Surface Damages Agreement Entered into Prior to Drilling

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Multi-State
Control #:
US-OG-135
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Word; 
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Description

This is a release, between the surface owner and a lessee, providing for a lump sum to be paid prior to any drilling activities or exploration operations being conducted on the lands.
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FAQ

In Texas, the term "lease" is in some ways a misnomer. In fact, an oil and gas lease is a conveyance by the Lessor of the fee mineral estate to the Lessee, for a term. As long as the lease is in force, the Lessee is the owner of the minerals covered by the lease, and the Lessor is the owner of a royalty interest only.

Surface Right means the right in rem of an individual or a legal entity, which is established for a time period of up to 99 years, to construct a building within public property and to exercise on such building the powers captured by the right of ownership, in ance with Articles 18 to 26 of Law 3986/2011, as in ...

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 types of contracts most commonly used in the oil and gas service industry are generally described as drilling contracts, well services contracts and seismic acquisition agreements. Often oil and gas producers use master service agreements when they expect an ongoing relationship with a service company.

The surface estate includes everything above ground, such as the land itself, trees, and buildings. On the other hand, the mineral estate refers to the rights to any resources that may be found below ground, such as oil, gas, and minerals.

Surface Use Agreements are voluntary agreements that govern the working relationship between a mineral owner or lessee and a surface owner regarding the company's surface activities and the disturbed portion of the land during access roads and well sites construction on the land in question.

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.

For more information on transferring oil and gas leases view the handout: Information and Procedures - Transferring Oil and Gas Lease Interests . Expiration: A lease will expire at the end of its primary term, which is usually 10 years.

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Texas Release and Surface Damages Agreement Entered into Prior to Drilling