Surface Use Agreements
Colorado surface use agreements require adherence to the doctrine of reasonable accommodation. The doctrine of reasonable
accommodation mandates that surface owners reasonably accommodate mineral development of the property and mineral owners and operators
must reasonably accommodate surface development on the property. When a transaction involves split estates where the surface fee
interest is owned separately from the mineral fee interest in real property, additional complexity can arise.
Dufford & Brown has extensive experience in connection with the negotiation and drafting of Colorado surface use agreements on behalf
of landowners, surface developers, and home builders with representatives of the oil and gas industry, including mineral owners and
leasehold operators. After assessing the specific circumstances of a case, we are able to counsel each client on potential solutions
and draft agreements that meet the reasonableness standard.
Specific Surface Use Agreement Experience
- Surface use equipment agreements
- Locations for future wells
- Tanks, batteries and other surface equipment locations
- Access agreements
- Pipeline easements
- Surface damages
- Indemnities
- Release of surface rights
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