Phillip, for the waiver route I would want 100%. If you left the smallest 1% operning and that person leased and the operator decided they will produce, the only way to stop them would be in court. The courts seem to be on the oil companies side. If you wanted to stop the drilling of the 1% who wants to produce you are wanting to render his property worthless. Such a lawsuit could cost $100,000 or more and you may not win. I wouldn't suggest that you give up but I would keep my open for the point at which it starts looking like more trouble than it's worth and decide if you want the property even if it does have a well, road, pipeline on it. I most certainly would not feel secure with 51% of the ingress/egress rights waived or even 60% as too many individual's rights, backed by oil company money, of the dominant estate, would have to be abriged to keep your surface free of a well. Good luck.