Surface Use Agreement
About this form
A Surface Use Agreement is a legal document that grants specific rights regarding the surface of a property, typically for the purpose of oil and gas operations. It outlines the terms under which the landowner (Grantor) allows another party (Grantee) to use the landâs surface for their operations. Unlike other property agreements, this form specifically focuses on surface rights rather than mineral rights, making it essential for those involved in resource extraction activities.
Main sections of this form
- Grant of surface rights: Outlines the exclusive right to use the surface of specified land.
- Consideration: Specifies payment or other valuable considerations for the use rights.
- Rights of ingress and egress: Grants the Grantee access to and from the facilities on the property.
- Liability release: Protects the Grantee from damages to the land during operations.
- Termination conditions: States when the agreement may be terminated based on inactivity.
- Assignment rights: Allows the Grantee to transfer or assign the agreement to third parties without prior consent.
When to use this form
This form is needed when a landowner wants to allow another party, typically an oil and gas company, to use the surface of their property for exploration or extraction purposes. It is essential when negotiating terms for surface usage, especially in areas with existing or potential oil or gas fields. This form helps clarify rights, responsibilities, and limitations for both parties, protecting their interests during operations.
Who can use this document
- Landowners (Grantors) allowing surface use for oil and gas exploration or extraction.
- Oil and gas companies (Grantees) seeking to secure the right to use land for operational purposes.
- Land managers needing to formalize agreements regarding land use.
How to prepare this document
- Identify the parties involved: Fill in the names and addresses of the Grantor and Grantee.
- Specify the property: Clearly describe the land to which the surface use rights apply.
- Outline the consideration: Enter the payment amount or compensation agreed upon.
- Include termination conditions: Specify the time period or conditions leading to the agreementâs termination.
- Sign and date the document: Ensure all parties provide their signatures and acknowledge the documentâs effective date.
Does this document require notarization?
This form must be notarized to be legally valid. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Not clearly describing the property in question.
- Failing to outline specific rights granted to the Grantee.
- Neglecting to include terms for termination or expansion of the agreement.
- Incomplete signatures or dating, which can render the agreement invalid.
Advantages of online completion
- Convenience: Access and complete the form from anywhere without the need for in-person meetings.
- Editability: Easily make changes before finalizing the document.
- Legal assurance: Forms are drafted by licensed attorneys to ensure compliance with current laws.
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FAQ
(Oil & Gas Exploration and Production) An oil, natural gas, and mineral lease gives the lessee rights to exploit minerals beneath the surface of the property.It also grants the lessee the right to utilize the surface of the property to access those minerals.
Surface rights are subservient to mineral rights, which means the owner of a mineral servitude will be able to access and use the surface to extract the minerals from underneath.
Surface lease means a lease, easement, or other agreement providing the holder with the right to enter the surface of any land for the purpose of constructing and operating a well, facility, flowline, roadway, or power line; Sample 1. Based on 1 documents. Save.
Land Use Agreements means (a) the Lease, (b) any access right or other right to use or traverse real property, and (c) any encumbrance, easement, license, restriction, or limitation of any kind applicable to the Site or used in connection with the construction of the Project.
In states with split ownership laws, land can be sold to only include surface rights. This means that if oil or gas is present under the soil, the landowner will have no legal rights to them.
A Land Use Contract (LUC) is an agreement between a local government and a land owner that provided the land owner with development rights over and above what was allowed under current zoning.
How far down the mineral rights go depends on the mineral and technology used. The average depth of open-pit mining a surface mining technique used to extract metals such as nickel, copper, uranium, and coal is between 100500 meters. For deep mining, the average depth is 2.83.4 kilometers.
Surface rights. Ownership rights in real property that include the right to occupy the land, develop it with buildings and fixtures and even to destroy its resources such as timber and water. air space rights.
What are surface rights? Surface rights are, as the name implies, the rights to the surface area of a piece of land. This includes any structures on the property, as well as the rights to farm the land or exploit aboveground resources such as trees, plants, or water according to local laws and ordinances.
