Surface Lease Agreement
Overview of this form
A surface lease agreement is a legal document that allows a lessor to grant a lessee the right to construct, operate, and maintain specific facilities on the property. This form is essential for those involved in oil production, allowing the lessee full use of the surface for various operations like pumping and injection stations. Unlike other lease agreements, this document provides exclusive rights to the surface for specific industrial uses.
Form components explained
- Details of parties involved: Lessor and Lessee names and addresses.
- Effective date of the lease agreement.
- Description of the lands being leased.
- Lease term and renewal options for the Lessee.
- Rights granted to the Lessee for surface use and ingress/egress.
- Obligations regarding equipment ownership and property restoration upon lease termination.
Situations where this form applies
This form is necessary when a landowner (lessor) wishes to lease their land for specific industrial purposes, such as oil production or gas extraction. It's typically used when companies need to establish facilities like pumping stations, pipelines, or storage tanks on the land, as it formalizes the permitted uses and responsibilities of both parties involved in the lease.
Intended users of this form
This form is intended for:
- Landowners (Lessors) who are leasing lands for industrial uses.
- Companies or individuals (Lessees) looking to establish operational facilities on leased land.
- Attorneys or legal representatives involved in drafting or reviewing lease agreements.
How to prepare this document
- Identify the parties involved: provide the full names and addresses of the Lessor and Lessee.
- State the effective date of the lease.
- Clearly describe the lands being leased, including any specific boundaries.
- Specify the duration of the lease and any options for renewal, including rental terms.
- Detail the rights and responsibilities for both parties, particularly regarding equipment and land restoration.
Notarization requirements for this form
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.
Avoid these common issues
- Failing to clearly describe the property being leased.
- Omitting details about renewal options and payment schedules.
- Not specifying the responsibilities for maintenance and taxes.
Benefits of completing this form online
- Easy access to professionally drafted lease agreements.
- Immediate downloads for convenience and quick use.
- Editability allows for customization according to specific needs.
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FAQ
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 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.
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 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.
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.
(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.
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.
Texas is one of the states with split ownership of mineral and surface rights. The state considers the two to be separate estates. Landowners with mineral and surface rights to their land can extract unlimited minerals, gas, or oil from the land.
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.