# Surface waiver
**URL:** https://www.mineralrightsforum.com/t/surface-waiver/25366
**Category:** General Mineral Rights Discussion
**Created:** [April 11, 2018, 11:13pm UTC](https://www.mineralrightsforum.com/t/surface-waiver/25366 "2018-04-11T23:13:50Z")
**Posts on this page:** 6
**Page:** 1
### Author:  [@Charles\_Stanley\_Anderson](https://www.mineralrightsforum.com/u/Charles_Stanley_Anderson)
#### Post date: [April 11, 2018, 11:13pm UTC](https://www.mineralrightsforum.com/t/surface-waiver/25366/1 "2018-04-11T23:13:50Z")
I own a 350 acre tract that I live on in East Texas. The land man that is trying to lease me has signed the ranches around me and is willing to give me a NO DRILL SURFACE WAIVER which I will have my lawyer draw up. My question is this: I own all surface rights and 1/2 mineral rights. The other 1/2 interest has died out which goes to the State. With an iron clad no usage surface waiver signed by the leaser, and mineral trumping surface rights, is my property safe from drilling etc. written in the Waiver? This will impact any contract that I might sign, if I sign at all.
Help!
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### Author:  [@Charles\_Stanley\_Anderson](https://www.mineralrightsforum.com/u/Charles_Stanley_Anderson)
#### Post date: [April 12, 2018, 10:48am UTC](https://www.mineralrightsforum.com/t/surface-waiver/25366/2 "2018-04-12T10:48:50Z")
OK. So nobody has an opinion? I’m thinking that since there is access from adjacent properties for drill sites the mineral rights can be accessed and since I own 100% of service rights a no drill surface waiver that is well written will keep them off my property?
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### Author:  [@Buddy\_Cotten](https://www.mineralrightsforum.com/u/Buddy_Cotten)
#### Post date: [April 12, 2018, 11:49am UTC](https://www.mineralrightsforum.com/t/surface-waiver/25366/3 "2018-04-12T11:49:42Z")
If the new Surface Use Provision was properly drafted, then you should certainly be safe from any surface activity without your consent.
You indicated that you had an attorney. Please check with your attorney before proceeding. That would only make sense.
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### Author:  [@Charles\_Stanley\_Anderson](https://www.mineralrightsforum.com/u/Charles_Stanley_Anderson)
#### Post date: [April 12, 2018, 12:14pm UTC](https://www.mineralrightsforum.com/t/surface-waiver/25366/4 "2018-04-12T12:14:53Z")
Thanks Buddy. My attorney isn’t an oil and gas attorney, but I plan on going to one next week before I finalize the deal. Your response makes me feel better. We had a rig on some other property several years ago and I can’t imagine that next to our retirement home. They have leased enough around me to easily drill.
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### Author:  [@Dr\_Emberson](https://www.mineralrightsforum.com/u/Dr_Emberson)
#### Post date: [April 16, 2018, 4:48pm UTC](https://www.mineralrightsforum.com/t/surface-waiver/25366/5 "2018-04-16T16:48:04Z")
Charles? Any news? Hoping you have an excellent mineral rights attorney.
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### Author:  [@MRFAdmin\_SV](https://www.mineralrightsforum.com/u/MRFAdmin_SV)
#### Post date: [January 11, 2025, 7:20pm UTC](https://www.mineralrightsforum.com/t/surface-waiver/25366/6 "2025-01-11T19:20:46Z")