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Surface Use Lease

Free surface use lease template — a landowner grants an oil, gas, or mineral rights holder access to the surface of the property for extraction operations.

This free surface use lease covers 1. Grant of Surface Use, 2. Compensation, 3. Location and Minimization of Disturbance, 4. Restoration, 5. Damages with 6 clearly marked [placeholder] fields to fill in — built for landlords, tenants, and small property owners documenting a lease or tenancy change clearly, without guessing at the right structure. Copy it into your own word processor, fill in the placeholders, and review it — or adapt it — before use. It's part of docstoc's free document template library, alongside business, legal, real estate, finance, and HR templates. Every template here is free to copy with no signup required, and each one carries a plain disclaimer: this is a starting point for informational purposes, not a substitute for advice from a licensed professional in your jurisdiction.

Template — click to edit

Surface Use Lease

Surface Owner: [Name] · Operator (Mineral Rights Holder/Lessee): [Name] · Property: [Address/Legal Description] · Date: [Date]

1. Grant of Surface Use

Surface Owner grants Operator the right to use the surface of the property described above as reasonably necessary to access and develop the mineral estate, including [well pads, access roads, pipelines, and related infrastructure], as described in Exhibit A.

2. Compensation

Operator will pay Surface Owner: [Amount] for the initial surface disturbance / [Amount] per well pad / [Amount] per year for ongoing surface use], as specified in Exhibit B.

3. Location and Minimization of Disturbance

Operator will locate surface facilities per the site plan in Exhibit A, minimizing disturbance to existing structures, water sources, and agricultural operations to the extent reasonably possible.

4. Restoration

Upon completion of operations at any site, Operator will restore the surface to as close to its pre-disturbance condition as reasonably practicable, including regrading and reseeding, within [Timeframe].

5. Damages

Operator will compensate Surface Owner for damage to crops, livestock, fences, and other improvements caused by Operator's operations, per [an agreed schedule of damages / fair market value at the time of loss].

6. Access and Notice

Operator will provide Surface Owner with [Notice Period] advance notice before beginning new surface activities, except in emergencies.

7. Term

This Agreement continues for so long as the underlying mineral lease/rights remain active.


Surface Owner: ______________________ Date: ____________ Operator: ______________________ Date: ____________

*This document is provided for informational and educational purposes only and does not constitute legal advice. In many states, mineral rights owners have a legal right to reasonably use the surface even without the surface owner's consent ("mineral estate dominance") — a surface use agreement like this doesn't grant that access so much as it negotiates BETTER terms (compensation, restoration, damage protection) than the surface owner might otherwise be entitled to.*

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What's included

Who this template is for

Freelancers & solo founders

Handling routine business paperwork without commissioning custom legal drafting for every document.

Small businesses

Standardizing recurring documents — leases, agreements, notices — across a growing operation.

Anyone reviewing before signing

Using a clear starting structure to understand what a document should cover, even if a lawyer finalizes it.

Independent landlords

Managing a rental directly, without a property management company's paperwork.

FAQ

Is this surface use lease template really free?

Yes. Like every template in docstoc's library, this surface use lease is free to use, with no account or signup needed to view, edit, or download it.

What does this surface use lease cover?

This real estate template includes 1. Grant of Surface Use, 2. Compensation, 3. Location and Minimization of Disturbance, 4. Restoration. Fill in the [bracketed] placeholders, edit any clause online, then download a PDF — the docstoc.io footer stays on every export.

Is this legal advice?

No. This covers the structure most real estate documents share, but specifics like required disclosures, notice periods, and security-deposit rules are set at the state or city level and change often. Verify against your local landlord-tenant law, or have a real estate attorney check it, before relying on it.

Can I edit the wording?

Yes. All 6 placeholder fields and every clause are editable right on the page — change what doesn't fit, then download an updated PDF anytime.

Where can I find more free templates like this?

Browse more free real estate and related document templates in the docstoc library at /document-templates/.

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