Surface Use Agreement (Oil and Gas Operations)
Overview of this form
The Surface Use Agreement is a legal document used in the oil and gas industry. It establishes the terms under which the surface of a property can be used for oil and gas operations. This form differs from other agreements by specifically addressing surface rights and the responsibilities of both the grantor (landowner) and grantee (operator) regarding the use of land for extraction activities.
Main sections of this form
- Identification of parties: Names and addresses of the Grantor and Grantee.
- Description of land: Detailed description of the property where operations will take place.
- Rights granted: Outline of surface use rights, including ingress and egress for operation purposes.
- Obligations: Responsibilities regarding land maintenance and damage to crops or structures.
- Termination conditions: Scenarios under which the agreement may terminate.
- Acknowledgments: Signatures and dates to validate the agreement.
State-specific compliance details
This is a general form suitable for multiple states. Review and modify it as needed to reflect your jurisdiction’s rules.
When this form is needed
This form is essential when a landowner (Grantor) agrees to permit an oil and gas operator (Grantee) to use their land for exploration, drilling, or other related operations. It is particularly useful in situations where specific conditions about land usage, maintenance responsibilities, and duration of access need to be formalized.
Intended users of this form
This form is intended for the following parties:
- Landowners who are granting surface use rights for oil and gas operations.
- Oil and gas operators looking to secure legal rights to utilize surface land for their operations.
- Individuals or businesses involved in negotiating terms for surface usage in the context of oil and gas extraction.
Steps to complete this form
- Identify the parties: Fill in the names and addresses of the Grantor and Grantee.
- Describe the property: Provide a clear and precise description of the land being utilized.
- Specify terms: Explicitly state the rights granted and any obligations of the parties involved.
- Enter termination conditions: Clearly outline when the agreement will expire or be terminated.
- Sign and date: Ensure both parties sign the agreement on the designated lines to validate it.
Notarization guidance
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.
Mistakes to watch out for
- Failing to clearly describe the land, leading to ambiguity in usage rights.
- Not specifying the obligations for maintenance and damages which can cause future disputes.
- Omitting termination conditions, which may complicate the end of the agreement.
- Not obtaining signatures from all parties, which invalidates the agreement.
Benefits of completing this form online
- Convenience: Downloadable forms can be filled out at your own pace.
- Editability: Easily make changes to suit your specific needs or legal requirements.
- Reliability: Forms are drafted by licensed attorneys to ensure compliance with current legal standards.
Form popularity
FAQ
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.
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.
Texas courts have long held that the mineral estate is the dominant estate, and that the mineral owner, or the owner's lessee, has an implied easement to use the surface in a manner that is reasonably necessary to develop the minerals.
When mineral rights are owned by a third party, it may affect your use of the surface in the future. 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.
In Texas, and most other states, the ownership of the mineral estate can be separated (severed) from the surface estate. Put another way, one person may own the rights to use the surface of a piece of property while another person has the right to use the minerals underneath the property.
(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.