Land use agreements allow landowners and peders to reach agreement on the use of land surface during the drilling process. Such agreements are often necessary because mineral drilling can cause the surface of a land. Such agreements are intended to avoid irreparable damage on land and to require the taker to adopt a specific remediation standard, which may include: in Texas, mineral assets dominate by surface land. 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. 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.
In these cases, a Surface Use agreement is probably the best alternative. Scott, thank you for your response. My lawyer recommended that only royalties be awarded and I keep the minerals. That would also have been my preference, but it was not acceptable to my neighbour. He wants executive law so he can negotiate the lease. I have no problem with that, I just want to keep as much control over what`s going on on the surface of my country. One thing I discovered was that if I gave him the royalties, I would have to keep at least a small percentage to myself.