Sub-surface only mineral lease?

Kentucky Mineral Rights Lawrence County, , KY
1

I have 32 acres that I am considering leasing. Does anyone have any experience getting a gas company to agree to not touch the surface of your property but still lease the property as part of a pool? I would still hope that a well would be drilled nearby and that I would receive royalties, but not have to worry about them messing up my property. To me, such a lease would be the best of both worlds. Is this possible? Are there potential problems to my thinking? Thanks!

Eric

2

We had our lease worded that way. Now they wanted to buy the rights. I asked for non surface again but we haven’t come to an agreement yet.

3

The original lease given to us back in July was a normal one, but I was reluctant. Last month they mentioned the possibility of doing a non-surface.

Would such language need to be in an addendum or would it be a completely different lease?

Thanks.

4

If anyone else is wondering, I found out that in our case the sub-surface only language will be just 2 sentences added as “Exhibit A”. It basically states they are not allowed on our surface without prior consent, and that they will use near-by lands to get the oil and gas. I assume this makes all the previous points of the lease null and void? We have not yet signed anything, so if anyone has any thoughts or advice, I would appreciate hearing from you.

Thanks.

5

I would not consider anything in a lease null or void, if its in the lease there is a reason. Is "exhibit A" written in the lease, or is it a separate page? If "Sub Surface Only" is not at the top of lease I would ask if they would not care to put it at the top. Hope this helps.

6

The "Exhibit A" is at the end of the lease on the third page directly after 21 previous items and after the phrase, "See “EXHIBIT A” attached hereto and made a part hereof". At the top of the lease on page 1 it is just titled "Oil and Gas Lease", so I will ask for that change. I will also look closer at each of those 21 items before I sign. If there's one or two I'm especially concerned about I'll come back here.

Thanks so much for the reply and advice!