- SuperficiarIA
- Glossary
- Surface owner (superficiario)
Vaca Muerta glossary
Surface owner (superficiario)
The owner of the land surface where oil and gas activity happens, as opposed to the owner of the subsoil, which in Argentina is the province.
In Argentina, hydrocarbons in the subsoil belong to the State: since the 1994 constitutional reform (art. 124) and Law 26,197 of 2006, to the province where they are. The land on top has its own owner. The law calls that person, or the State when the land is public, the surface owner (propietario superficiario).
The surface owner does not decide whether the field is developed, but does not bear the activity for free either: Law 17,319 (art. 100) requires permit and concession holders to compensate the damage they cause, and in Neuquén, Provincial Law 2183 adds payment for the easements created on the land.
Why it matters to landowners and companies
For a landowner, it means a right to be paid for every well, pad, pipeline or road on the land. For a company, it is the person to agree with before going in.
How it shows on the map
The "Rural parcels" layer draws the land; the wells, pads and pipelines layers show what lies inside. Owners and cadastral codes are never published. Open the map.
Law and source
- Ley nacional 17.319 de Hidrocarburos (texto actualizado), Infoleg / argentina.gob.ar
- Ley nacional 26.197 (2006): las provincias son autoridad de aplicación sobre sus yacimientos
- Ley provincial 2183 de Neuquén (1996), servidumbres e indemnización al superficiario