Waiver of Surface Rights Template
(Oil & Gas Exploration and Production)

Summary

This waiver of surface rights template is executed by an oil and gas exploration company, as lessee under an oil and gas lease, to assure a lessor that the exploration company will not enter the lessor's property for development purposes. This template contains practical guidance and drafting notes. An oil, natural gas, and mineral lease gives the lessee rights to exploit minerals beneath the surface of the property. It also grants the lessee the right to utilize the surface of the property to access those minerals. This waiver operates as a release by the lessee, surrendering any rights of ingress/egress that it may have as holder of the mineral rights under the lease. Absent this waiver, the has significant implied and/or explicit rights to use the surface in order to explore, drill, and produce the oil and gas covered by its mineral rights. For more information on the surface rights that are associated with an oil and gas lease, see Surface Use and Landowner Rights, Upstream Oil and Gas Interests, and Surface Use Agreements. For other agreements related to surface use under an oil and gas lease, or limitations thereof, see Accommodation Agreement (Surface and Mineral Interests), Appurtenant Surface Easement (Oil & Gas), and Master Surface Use Agreement (Exploration and Production)