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Drafting the lease to reduce conflicts over surface rights
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Surface Rights and the Oil and Gas Lease
Since the inception of the oil and gas industry, there has been an inherent conflict between the interest of mineral owners and landowners with regard to the use of the surface estate. This conflict has been mitigated through the years by the fact that most landowners benefited in their dual capacity as both royalty owners and surface owners. However, as more and more property is conveyed to new owners, the mutual benefit of oil and gas exploration to landowners and mineral owners is no longer the rule. The result is that many mineral owners and ...
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