Surface Damage Payments
What this document covers
The Surface Damage Payments form is a lease rider that outlines specific provisions related to surface damages and payments between a surface owner (Lessor) and a lessee involved in oil and gas lease transactions. This form is crucial in adding additional terms that address concerns regarding land use and surface damage, ensuring clarity on compensation and responsibilities. Unlike standard lease agreements, this form allows for tailored provisions specific to the surface owner's needs and the activities of the lessee.
Main sections of this form
- Surface rental payments for space occupied by the lessee's equipment.
- Detailed compensation for damages to crops, livestock, and property.
- Terms for payment of damages prior to drilling and operation commencement.
- Indemnification clauses protecting the Lessor from claims related to lessee operations.
- Procedures for addressing any further damages that may arise during operations.
Situations where this form applies
This form should be used when entering into a lease agreement for oil and gas exploration and production, especially when there are specific concerns about surface damage. It is ideal for situations where the surface owner wants to ensure fair compensation for potential damage to their land, crops, livestock, or other property during drilling and production operations.
Intended users of this form
- Surface owners (Lessors) who lease their land for oil and gas operations.
- Lessee companies seeking to negotiate terms regarding surface use and damage payments.
- Landowners wanting to protect their interests in lease agreements.
- Contract negotiators involved in oil and gas leases.
Instructions for completing this form
- Identify the parties involved: name the Lessor and Lessee.
- Specify the surface rental payment amount for each acre occupied.
- Detail the payment structure for damages, including stipulated amounts for specific operations.
- Outline any clauses related to indemnification and repair obligations.
- Ensure all parties sign and date the document to validate the agreement.
Notarization requirements for this form
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
Get your form ready online
Our built-in tools help you complete, sign, share, and store your documents in one place.
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.
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.
Mistakes to watch out for
- Failing to specify payment amounts or terms clearly, leading to disputes.
- Not including provisions for timely payment before operations commence.
- Leaving out important indemnification clauses that protect the surface owner.
- Overlooking the need for both parties to sign the agreement for enforceability.
Why complete this form online
- Instant access to professionally drafted templates that can be easily customized.
- Convenient editing options to tailor the form to specific situations and regions.
- Reliability from using a form created by licensed attorneys familiar with local laws.
- Time-saving by completing the form online without the need for physical copies.
Looking for another form?
Form popularity
FAQ
All punitive damages are taxable whether received in relation to a physical or non-physical injury or sickness.However, costs incurred to treat emotional distress, even those due to physical injury, are taxable if they were previously deducted as a medical expense in a prior year.
Thus, it has the right to use the surface estate. Under Texas law, this right allows that oil company to use as much of the surface estate as is reasonably necessary for mineral exploration and production. This right is implied in the mineral lease and requires no permission or consent from the surface owner.
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.
Surface rights mean that you own the top of the land. Essentially, you'll own the grass, trees and any structures that are part of the land itself. All of the rights to these essential parts of the land will be owned once the title of the land has been transferred to your name.
One important factor you must keep in mind is that if real estate contains mineral rights, simply buying the property doesn't make you the owner of them. Since mineral rights can be sold separately from the land itself, even if you own the land, someone else may hold ownership of what's below it.
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 don't come into effect until you begin to dig below the surface of the property. But the bottom line is: if you do not have the mineral rights to a parcel of land, then you do not have the legal ability to explore, extract, or sell the naturally occurring deposits below.
