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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 owner means the person who holds record title to or has a purchasers interest in the surface of real property.
What is a surface lease? Since the provincial government owns most subsurface mineral rights in the province, oil companies obtain mineral leases directly from the government. But it is the landowner, not the government, that owns the land above the minerals.
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 are incredibly important because they give a person the ability to control access to the minerals under the surface. However, it is important to note that the law gives mineral rights owners access regardless. They do not have to have permission.
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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 Rights in Louisiana Surface rights are those that cover the ability to oversee and control everything on the surface of the land according to law. The holder is permitted by law to build, plant, and sell crops and timber on the land, even on a lease.
The Alberta Surface Rights Board is a specialized administrative tribunal, similar to a court, that under the authority of the Alberta Surface Rights Act can give companies the right of entry onto private or public land to develop underground resources such as oil and gas, or to build and operate pipelines or power
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.
MINERAL RIGHTS IN TEXAS. U.S. property owners have rights not only to the surface of their land and all structures, but also to everything that lies below the surface. This means that the property owner may control minerals, like gas and oil, that may exist below the surface.

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