Surface Use Agreement (Contains Provisions Relative to Indemnity)
Understanding this form
The Surface Use Agreement is a legal document that outlines the terms and conditions under which a company may utilize the surface estate of a property for oil, gas, or mineral exploration and production. This agreement is particularly important as it includes provisions related to indemnity, release of liability, and allocation of risk, setting it apart from other surface use agreements. By establishing the rights and responsibilities of both the company and the landowner, this form helps to protect the interests of both parties involved in the leasing of oil and gas rights.
Form components explained
- Identification of parties involved (Company and Owner).
- Description of the lands affected by the agreement.
- Financial terms, including the consideration provided by the Company.
- Specifications of the designated Drill Site and limitations on surface operations.
- Indemnity clauses detailing liabilities and duties of both parties.
- Instructions for providing notice prior to any impactful activities on the site.
Situations where this form applies
This form should be used when a landowner (Owner) and a company conducting oil, gas, or mineral operations (Company) need to formalize their agreement regarding the use of the propertyâs surface. It is essential in situations where the Company plans to conduct operations that may impact the surface land, and the Owner wants to clarify rights, responsibilities, and liability related to those activities.
Who can use this document
This form is intended for:
- Landowners who have granted surface rights for oil and gas exploration.
- Companies engaged in mineral extraction that require surface access.
- Legal professionals assisting clients in drafting or reviewing surface use agreements.
Steps to complete this form
- Identify the parties by entering the Company and Owner's names and addresses.
- Provide a detailed description of the lands involved in the agreement.
- Specify the financial consideration agreed upon for the surface use, typically denoted as a dollar amount.
- Define the Drill Site and any limitations on operations regarding the surface area.
- Ensure both parties sign and date the agreement to make it enforceable.
Does this document require notarization?
This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added convenience.
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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
- Failing to clearly define the Drill Site, which can lead to disputes later.
- Not including all necessary parties in the agreement.
- Overlooking the financial terms, including the exact compensation for surface use.
- Neglecting to have both parties sign and date the document.
Benefits of using this form online
- Convenience of accessing and downloading forms from anywhere.
- Editability to tailor the agreement to specific situations.
- Reliability of using forms drafted by licensed attorneys to ensure legal validity.
Legal use & context
- Surface Use Agreements establish clear liability and risk management between operators and landowners.
- They are crucial for ensuring that operational activities do not infringe on the rights of landowners.
- These agreements are legally binding once signed and provide a framework for managing disputes.
