Landowners scheduled for Marcellus Shale gas wells are now receiving legal contracts entitled “Surface Use Agreements.”
Surface Use Agreements are additional contracts between the landowner and gas company that cover the company’s surface activity and area of disturbed acreage in constructing access roads and well site pads and locations.
To the surprise of landowners, these well sites and areas of disturbed acreage have ballooned to over 10 acres in many occasions.
This “Surface Use Agreement” may be negotiated to the great benefit of the landowner!
Effective negotiations of the “Surface Use Agreement” will protect the landowner from liability issues, eliminate landowner surprise and maximize property damage compensation.
A well negotiated “Surface Use Agreement”may act as agreat equalizer for property owners who did not negotiate specific compensation in the form of a "well placement fee" or other surface damage provisions in their original Oil and Gas Lease.