Utah Waiver of Lease Provision by Owner of Surface of Lands

State:
Multi-State
Control #:
US-OG-156
Format:
Word; 
Rich Text
Instant download

Description

This form addresses provisions that may be contained in an oil and gas lease restricting the use of the surface of lands. The form provides for the lease restrictions, contained in a lease, to be identified in the document.

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FAQ

A surface use agreement, which is also sometimes referred to as a land use agreement, is an agreement between the landowner and an oil and gas company or an operator for the use of the landowner's land in the development of the oil and gas.

Except as is reasonably necessary to conduct oil and gas operations, an owner or operator shall mitigate the effects of accessing the surface land owner's surface land, minimize interference with the surface land owner's use of the surface land owner's property, and compensate a surface land owner for unreasonable loss ...

The general (common law) rule in the case of a split estate is that the mineral estate is ?dominant.? This means that the owner of the surface estate cannot prohibit the owner of the mineral estate from accessing and developing the minerals.

There are two types of rights that may be included in land ownership: surface rights and mineral rights. A landowner may own the rights to everything on the surface, but not the rights to underground resources such as oil, gas, and minerals.

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Utah Waiver of Lease Provision by Owner of Surface of Lands