There are a number of general provisions that are generally included in surface use agreements, including: – Keep in mind the legal restrictions on use. Although there are few legal restrictions on a mineral tenant`s right to use land, some protections should be known to the landowner. First, the purchaser has the right to use only the amount of “reasonably necessary” surface land to produce oil and gas from that specific lease (or pool if pooling has occurred). If the use is greater than reasonably necessary (i.e. the owner uses water from your land to produce oil and gas on another unsurnated land), this is not permitted. Second, the hosting doctrine protects a surface owner with use of the existing surface in certain situations. More information can be found on this blog. Finally, the oil company has no right to be negligent, which means that it is subject to an appropriate operator standard. If any of these restrictions are violated, this may be a good opportunity for the surface owner to engage in a conversation about a surface-use agreement with the lessor, who would probably prefer to sign an agreement rather than face a dispute. I understand, but I would like to know if I could have (as part of the contract to purchase my mining interest rates and not as a restriction on action) a provision that would require any oil producer with whom he leases to try, at least in good faith, to negotiate with me a contract for the use of surface products. I know it would only be a good thing that as long as the current buyer of the minerals owns them and gets lost if they ever sell them, but it would be better than nothing at all. Mark, thank you for your entry.
I appreciate their help and that of all those who responded. I`m not going to try to stop someone from breaking through. My neighbour is also a friend, and I hope that this transaction will benefit us both. However, I know that once he leases the minerals to an oil producer, neither he nor I will have control of anything, unless it is either in his lease, in my mineral price transportation, or in a separate agreement between me and the surface producer. I know that in Texas, an oil producer does not have a legal obligation to negotiate and sign a surface use agreement with a surface owner who does not own any of the minerals. Some do and some do not – that is why I hope to be able to include a provision that requires them to do it with me. First of all, I would like to say that the best way to negotiate surface protection is to negotiate the actual lease of oil and gas between the oil group and the mineral owner. This assumes that the surface owner owns some or all of the minerals and has a “seat at the table” during negotiations. The parties each have something that the other wants and it is possible to conduct real negotiations. Surface protection is an integral part of the lease itself. However, mineral property has often been “separated” from the surface, and the first time the surface owner knows that an oil and gas lease has been tolerated is when the oil company shows up to develop the minerals.