This form is used when the Lessor desires to sell, subdivide, or partition all or a part of the lands covered by the Lease (the Lands ), and has requested a partial waiver of surface use of certain portions of the Lands subject to the Lease, and a waiver is agreeable to Lessee. This Agreement relates solely to the surface use and does not in any other way affect or diminish the Lessee's rights, interests and estate under the Lease.
Texas Agreement Waiving Surface Use by Oil and Gas Lessee
State:
Multi-State
Control #:
US-OG-655
Format:
Word;
Rich Text
Instant download
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How to fill out Agreement Waiving Surface Use By Oil And Gas Lessee?
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FAQ
When buying land, it's important that the mineral rights being sold with the property are actually owned by the person selling the surface estate, the Watson Law Firm says. The seller must own those rights in order to transfer them with the sale of the surface estate.
If you intend to conduct a mineral rights search in Texas, here are several approaches you could take into consideration: Get in touch with a Title Company. ... Hire a Landman. ... Contact the Texas Railroad Commission. ... Consult with an Expert. ... Go over Public Records. ... Examine the Property Deed. ... Check the County Clerk's Office.
Mineral interests are defined by the Texas Property Tax Code as real property and are subject to taxes the same as all other real property. When do mineral interests become taxable? Mineral interests become taxable on January 1 of the year following the first production of the unit.
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.
Waive your rights to surface rights under a mineral lease with this Waiver of Surface Rights form for Texas lands. Surface rights include all rights of ingress and egress, and the right to enter the property for purposes of exploring, developing and extracting oil, gas and/or minerals from the property.
In oil and gas leases, the habendum clause defines the primary term and secondary term of the lease, dictating how long the lease is in force. When used in the context of oil and gas leases, the focus of the habendum clause is on the "and so long thereafter" portion that extends the lease if conditions are met.
Texas courts have held that income derived from royalties received from the production of oil and gas from one spouse's separate property also constitutes that spouse's separate property.
Surface rights determine who owns the rights to the surface of the land, while mineral rights determine who has the right to mine the minerals below the surface of the property. Mineral rights include oil and natural gas resources. Mineral rights can be completely separate from land rights.
