This release is used when a Surface Owner releases and discharges, in full, a Lessee, its officers, agents, contractors, subcontractors, employees, successors, and assigns, from any and all claims, demands, or causes of action caused by or arising from any injuries or damages of whatever kind or character sustained by the Surface Owner personally, or to the property or lands of the Surface Owner, whether now apparent and known to the Surface Owner.
Texas Surface Owner's Release for Settlement of Surface Damages Resulting from Drilling Operations
Category:
State:
Multi-State
Control #:
US-OG-405
Format:
Word;
Rich Text
Instant download
Description
How to fill out Surface Owner's Release For Settlement Of Surface Damages Resulting From Drilling Operations?
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FAQ
Even though the mineral owner may own no part of the surface, courts have ruled that the Mineral Estate is the Dominant Estate. The only way for the mineral rights owner to benefit from mineral ownership is by having the ability to get a well drilled from a surface location down into the hydrocarbon-bearing formation.
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.
Dominance of Mineral Estate This means that the owner of the mineral estate has the right to freely use the surface estate to the extent reasonably necessary for the exploration, development, and production of the oil and gas under the property.
Subsurface rights, also known as mineral rights or subsurface interests, refer to the legal rights and privileges associated with the ownership, exploration, extraction, and utilization of resources found beneath the surface of a piece of land or property.
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.
In the United States, landowners possess both surface and mineral rights unless they choose to sell the mineral rights to someone else. Once mineral rights have been sold, the original owner retains only the rights to the land surface, while the second party may exploit the underground resources in any way they choose.
