Texas Surface Use Agreements 101
One commonly used agreement governing the use of natural resources in the Texas oil and gas industry is the surface use agreement. It details the rights and obligations owed between an oil and gas company that leases mineral rights to below-ground resources (the lessee) and the surface owner, who owns the rights to everything above ground.
The purpose of a surface use agreement is to compensate the surface owner for the mineral use of the land and to ensure that both parties are on the same page about how the surface rights will be affected by the mineral use. A Hood County, TX natural resources attorney can represent you in the negotiation of a surface use agreement.
Why Are Surface Use Agreements Important?
Drilling for minerals can cause damage to a property's surface. By having an agreement in place, surface landowners can lessen the impact of the damage on their land. Surface use agreements obligate the lessee to ensure that the land is restored or "reclaimed" up to a certain agreed-upon standard.
Mineral rights trump surface rights, which means the owner or lessee of mineral rights can also use the surface freely. However, although mineral lessees are not legally obligated in Texas to enter into surface rights agreements with the surface owner, they often will do so to ensure a smooth relationship with the surface owner.
What Are Common Surface Use Agreement Provisions?
-
Legal Description: Describes the affected land.
-
Compensation: Outlines the total compensation that the surface rights owner will receive.
-
Term: Sets out the duration of the agreement.
-
Reclamation: Outlines how the lessee will reclaim or restore the land, including by reseeding the land, restoring access to any damaged wells, addressing water contamination, replenishing livestock, and filling drill pits
-
Location of facilities: Lays out where the lessee will place any temporary or permanent facilities it needs to build, such as roads, production facilities, and wells.
-
Pipeline location: Details where the pipeline may be placed, whether above or below ground, and at what depth.
-
Safety issues: Details what safety precautions the lessee must take during drilling.
-
Noise abatement: Outlines the steps the lessee must take to reduce noise.
Contact a Hood County, TX Land Use Agreement
If you wish to negotiate a surface use agreement, an experienced Hill County, TX land use attorney can advise you on how oil and gas companies may use surface rights and how to protect your rights. At Cain & Kiel Law we are experienced in advising Texas businesses and landowners on surface use agreements. Call our firm at 817-645-1717 for a professional consultation today.
We're Here When You're Ready
To set up a consultation with our attorneys and get the legal help you need, please call 817-645-1717 or fill out the form below:
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.