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Texas Surface Use by Lessee and Accommodation With Use of the Surface

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US-OG-829
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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.

Texas Surface Use by Lessee refers to the rights and conditions granted to a lessee regarding the use of the surface area in Texas for various purposes, particularly for oil and gas exploration and production. These rights and accommodations are crucial for lessees to access and develop mineral resources on privately owned or leased lands. One of the essential aspects of Texas Surface Use by Lessee is the industry's adherence to the Texas Surface Damage Act, which provides guidelines and regulations for surface operations and protects the rights of landowners. This Act ensures that lessees must accommodate landowners' use of the surface while conducting operations to extract minerals. There are primarily two types of Texas Surface Use by Lessee: 1. Temporary Surface Use: This type of use allows the lessee to access the land and conduct operations required for exploration and drilling. Temporary surface use includes activities like setting up drilling rigs, constructing access roads, and installing storage tanks or pipeline connections. These activities are typically done for a limited duration and aim to minimize disturbances to the land and its existing use. 2. Permanent Surface Use: Once the exploration and drilling phase is complete, lessees may move into the production phase, requiring permanent modifications to the surface. Permanent surface use involves constructing production facilities, such as well pads, pipelines, pumps, and storage tanks. These structures are essential for extracting, storing, and transporting the produced minerals efficiently. Accommodation with Use of the Surface ensures that landowners can continue their existing or intended use of the land, within reason, while the lessee carries out their operations. Landowners must grant reasonable access to lessees, allowing them to conduct the necessary activities mentioned above, without excessively interfering with the surface's usability. Keywords: Texas Surface Use by Lessee, accommodation with use of the surface, Texas Surface Damage Act, oil and gas exploration, temporary surface use, permanent surface use, surface operations, drilling rigs, access roads, storage tanks, pipeline connections, production facilities, well pads, pumps, landowners' rights.

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FAQ

Whether you have an offer on the table or not, you may have good reasons to sell your mineral rights: To pursue other opportunities. If you have a nonproducing property, you might have to wait years for anything to happen ? and nothing may ever happen, even after multiple leases.

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.

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.

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 order to apply the Accommodation Doctrine, the surface owner must prove that the groundwater owner's use of the surface precludes or substantially impairs the existing use; that the surface owner has no available, reasonable alternative to continue existing use; and that the groundwater owner has reasonable, ...

Mineral rights in Texas are the rights to mineral deposits that exist under the surface of a parcel of property. This right normally belongs to the owner of the surface estate; however, in Texas those rights can be transferred through sale or lease to a second party.

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.

?Surface rights? refers to the right to control the surface of the land. Existing structures are included under this umbrella. Typically, when property is purchased, the transaction includes the surface and mineral rights.

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With the limited exceptions discussed below, the lessee has the right to conduct the activities set out above and otherwise reasonably use the surface without ... Jan 20, 2015 — In Texas, unfortunately, no such statutory protection exists for surface owners. Mineral lessees are under no obligation to enter into this type ...... a set amount at the beginning of the lease to cover surface damages. Another option is for a surface owner to work with the oil company leasing the minerals. The landman or lease broker may determine your interest in leasing by quoting you an offer. You should write the offer down or get it in writing. 2. Do not sign ... In a far-reaching decision, the Supreme Court of Texas held that Getty Oil had to “reasonably accommodate” Jones' use of the surface, despite the traditional ... Jan 30, 2019 — In other words, the accommodation doctrine applies if the surface owner must establish that the lessee's surface use precludes (or substantially ... University of Texas at Tyler, completing that phase of her education with highest honors. •. Attended law school at Baylor University and graduated in 1990 with ... (For purposes of simplicity and clarity, the. “mineral lessee” will be referred to as the “oil company.”) Mineral Estate v. Surface Estate. Under Texas law, a ... Sep 15, 2023 — ... complete, thus opening back up surface acreage for the surface owner to use. ... a lease) would qualify as an existing use is unknown. If the ... by J Fambrough · 2009 · Cited by 4 — In Texas, the mineral lessee has the implied right to use the surface estate for exploring and producing minerals. Such mineral rights are superior to the ...

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Texas Surface Use by Lessee and Accommodation With Use of the Surface