Lessor-Owned Surface Clause Samples
The "Lessor-Owned Surface" clause defines which portions of the property’s surface are owned and controlled by the lessor, as opposed to the lessee or third parties. In practice, this clause typically specifies the exact areas or features—such as land, buildings, or infrastructure—that remain under the lessor’s ownership during the lease term. It may also outline any restrictions on the lessee’s use of these areas. The core function of this clause is to clearly delineate property rights and prevent disputes over access, use, or modification of the surface, thereby ensuring both parties understand their respective rights and obligations regarding the property’s surface.
Lessor-Owned Surface. If Lessor owns the surface estate of all or some portion of the Leased Premises, at the time of the execution of this Lease, by issuance of this Lease the Lessee has been granted the right to make use of such lands to the extent reasonably necessary and expedient for the economic operation of the leasehold. Such surface uses shall be exercised subject to the rights reserved to Lessor as provided in paragraph 2, RESERVATIONS TO LESSOR, and without unreasonable interference with the rights of any prior or subsequent lessee of Lessor.
Lessor-Owned Surface. If Lessor owns the surface estate of all or some portion of the Leased Premises, at the time of the execution of this Lease, by issuance of this Lease the Lessee has been granted the right to make use of such lands to the extent reasonably necessary and expedient for the economic operation of the leasehold. Lessee’s right to surface use of Lessor-owned surface estate shall include the right to subside the surface. Such surface uses shall be exercised subject to the rights reserved to Lessor as provided in paragraph 2, RESERVATIONS TO LESSOR, and without unreasonable interference with the rights of any prior or subsequent lessee of Lessor.
Lessor-Owned Surface. If Lessor owns the surface estate of all or some portion of the Leased Premises, by issuance of this Lease, Lessee may use such lands to the extent reasonably necessary and expedient for the economic operation of the leasehold, subject to paragraph 6.1. Lessee may not use the surface estate of the Leased Premises prior to
1. Such surface uses shall be exercised subject to the rights reserved to Lessor as provided in paragraph 5, and without unreasonable interference with the rights of any prior or subsequent lessee of Lessor. Lessee shall take all reasonable precautions to prevent any surface degradation and environmental hazards (including, without limitation, spills or leaks) and must immediately remedy the same and notify Lessor in writing of any incidents occurring on the Leased Premises. Lessee shall ensure that all equipment, vehicles, and materials are free of noxious weeds and noxious weed seeds prior to entering the Leased Premises or surrounding lands. Lessee shall monitor the Leased Premises for the growth of noxious weeds and take reasonable measures to eradicate noxious weeds from the Leased Premises. If ▇▇▇▇▇▇ fails to control noxious weeds, as reasonably determined by Lessor, Lessor may take action to eradicate the noxious weeds after 30 days’ notice to Lessee and charge Lessee with the costs of such action. Lessee shall promptly pay Lessor’s reasonably-incurred costs to eradicate the noxious weeds.