If the operator and the landowner are unable to agree on damages, some states grant the operator the right to continue the development, with damages to be determined in hindsight through arbitration or litigation. Be respectful and realistic. Because oil and gas companies are not required to sign a Surface Use Agreement, surface owners are not in a negotiating position. This is important when you talk to the company and ask questions. By respecting the company representative and realistic about the conditions that should be included, a surface owner is much more likely to get a surface use agreement. In Texas, mineral products dominate surface products. Therefore, the owner of a mineral estate can freely use the surface land for the exploration, development and production of gas and oil under the land. This right to use the property may be exercised by a tenant who has entered into a mineral lease by the owner of the mineral property itself. And because a tenant can use the surface without restoring it or paying for careless damage, surface owners often acquire what is called a surface use agreement that limits the use of the surface or causes damage. Below is an overview of the surface use agreements in Texas. Be aware of old abandoned appliances or potential contamination problems. If this type of problem exists, it could be a starting point for a debate on the need to protect the use of the surface.
If a surface owner is concerned about pollution or safety issues, he or she has the right to contact the Texas Railroad Commission and request a review/assessment of the situation. Knowing that an oil tanker and a gas accelerator may be more inclined to work with a surface owner, if these problems exist, in order to avoid RRC`s involvement. There are a number of common provisions, which are generally contained in surface use agreements, including: issues affecting the applicability of the agreement; In general, the SUA will disburse the authorized and prohibited activities of all parties to the agreement. Regardless of which side you go, make sure all agreements are made in writing to avoid future conflicts. A Surface Use Agreement (OAS) is a contract between the surface owner and the leasing taker (usually oil and gas companies) for an oil and gas lease. This contract describes the rights, obligations and obligations of the landowner and the operator, including the size of the surface disturbances that will be permitted during the construction of well and road cladding, and compensation for any property damage caused by the operator. This agreement helps to resolve ambiguities and uncertainties for both parties. Some states need it before a well can be drilled. Listen to this episode to learn how to negotiate a Surface Use Agreement (SUA). It is best to approach the SUA negotiations with your goals in mind, so that you will end up with an agreement with which you can live. A Surface Use Agreement is a voluntary agreement between the surface owner and the owner/mineral tenant (usually an oil and gas company) that regulates relations between the two parties.
In some countries, such as Oklahoma and New Mexico, oil and gas companies have a legal obligation to enter into these agreements before production begins.