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This means that a mineral owner (or lessees, as the case frequently is) has the right to use as much of the surface estate as is reasonably necessary for the production of minerals like oil and gas without compensation to the surface owner.
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 landowners land in the development of the oil and gas.
Surface rights refer to the ability to control the surface of the land. A person who owns surface rights to a tract of land may build on it, plant and sell crops and timber, use the surface water, lease the land, or sell it.[2]
Surface Waiver and Accommodation Agreements The broadest contractual limitation is a surface waiver agreement through which the owner of the mineral estate waives the right to use the surface of the land where the project is located. Mineral owners may not be inclined to sign such a broad limitation.
Surface rights refer to the ability to control the surface of the land. A person who owns surface rights to a tract of land may build on it, plant and sell crops and timber, use the surface water, lease the land, or sell it.[2]
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Surface rights include physical structures, trees, plants, and water. In some states, surface rights only include ownership to a particular soil depth. For example, you have enough soil ownership to plant trees or other plants but may not be able to drill for oil and gas.
Surface Waiver and Accommodation Agreements The broadest contractual limitation is a surface waiver agreement through which the owner of the mineral estate waives the right to use the surface of the land where the project is located. Mineral owners may not be inclined to sign such a broad limitation.
Louisiana Mineral Rights are somewhat unique. Unlike other states, Louisiana mineral rights revert back to the original owner after 10 years from the date of sale or from the date of last production.
Surface rights include physical structures, trees, plants, and water. In some states, surface rights only include ownership to a particular soil depth. For example, you have enough soil ownership to plant trees or other plants but may not be able to drill for oil and gas.
Mineral rights dont 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.

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