Surface Waiver Agreement

A solar project proponent should first order a title check in the county where the solar project is located, to determine whether the surface rights have been previously separated from the current mineral and mineral property. In order to confirm ownership of mineral and mineral leases, these records should be retrieved from a company specializing in oil and gas rights and verified by a law firm specializing in this field. Note that depending on a typical bond or proform of real estate titles is not enough to identify mineral owners, as these documents are not required to include mining rights. This is an important first step in ensuring that all agreements entered into by the solar developer are executed by all correct and necessary mineral owners and tenants. To avoid problems, there are preventive measures that a solar developer can take to avoid disturbances. When the mineral zone has been separated, the most effective preventive measure is to obtain either a surface waiver agreement or an accommodation agreement from the owners so that they are contractually bound not to disturb the solar project. Regardless of the separation of mineral products, the solar developer, when an oil and gas operator has a valid lease on the land, should obtain a hosting contract with the oil and gas carrier.

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