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Held by production is an oil gas industry term indicating a property is under lease and that the lease is being perpetuated in the secondary term by the production of oil or gas in paying quantities.
A use and occupancy agreement - sometimes referred to as a UO - is a temporary agreement between the buyer and the seller that allows one party the right to use and occupy the property for a set period of time. Its usually put in place if the buyer needs to move into the property before ownership can be transferred.
1. n. [Oil and Gas Business] Ownership of the right or interest to exploit the surface of the land. Some landowners only have rights to the surface of their tract, while the government or other entity owns rights to any production obtained beneath that tract.
Surface owner means the person who holds record title to or has a purchasers interest in the surface of real property.
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.
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The Surface Use Agreement is the contract that governs the relationship between the owner of the land (surface estate) and a mineral producer and addresses topics such as liability allocation, damage payments, well-pad siting, building roads, installing pipelines and many more.
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]
Oil leases are agreements between an oil and gas company known as the lessee and mineral owners known as a lessor, in which the lessor grants the lessee the permission to explore, drill, and produce those minerals for a specified period known as a primary term or as long as the minerals continue to be productive.
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.
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.

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