The 2019 Texas legislature enacted a new Property Code Section 5.152 to protect mineral and royalty owners from a certain species of fraudulent transactions perpetrated on trusting and/or naïve and/or out of state mineral...more
11/5/2019
/ Contract Interpretation ,
Contract Terms ,
Fraud ,
Fraudulent Conveyance ,
Future Royalties ,
Gas Royalties ,
Land Titles ,
Mineral Leases ,
Mineral Rights ,
Oil & Gas ,
Property Owners ,
Scams ,
Transfer of Interest
Less than a year ago, we discussed the “Unanswered Questions” left in the wake of Devon Energy Prod. Co., LP v. Apache Corp. (which did answer the question, “Who is a ‘Payor’ Under the Texas Natural Resources Code?”). ...more
We told you to “Beware of Strips and Gores” back in 2012 and today we bring you Green et al v. Chesapeake et al, the sequel. Unlike cinema’s greatest follow-ups, this entry feels more like an unneeded rehash of the original....more
In this title action the title issues didn’t matter. The lesson is simple: The exclusive procedure to resolve competing claims to real property in Texas is a statutory trespass-to-try-title suit under Property Code Chapter...more
The ruling from the Supreme Court of Texas in JP Morgan Chase Bank, N.A., et al v. Orca Assets, G.P., L.L.C. was foreseeable. Experienced energy professionals who pass on the opportunity to examine title for themselves are...more
Let’s get right to the takeaway: Despite the humble hourly rate operators are typically willing to fork over for title examination, the job isn’t easy and you’d better put your trust in a practitioner with expertise,...more
Chauvin v. Shell Oil Company et al is the potful of legal unpleasantness that can be stirred up by landmen trying to buy easements, leases, and the like.
A number of plaintiffs – descendants of grantors of two parcels of...more
The Texas Supreme Court recently heard oral argument in three intriguing oil and gas cases. Here’s what you need to know about two of them (We’ll address the third case soon)....more
12/19/2017
/ Appeals ,
ConocoPhillips ,
Contract Interpretation ,
Contract Terms ,
Energy Sector ,
Land Titles ,
Mineral Leases ,
Mineral Rights ,
Oil & Gas ,
Rule Against Perpetuities ,
TX Supreme Court
We recently discussed Freeman v. Harleton. The opinion shows the transaction as a bunco job. Here’s more:
Bufkin and Wayne Freeman have done business together since the 1980s. They had a co-development agreement with...more
You are selling properties. The buyer thinks you own the deep rights but you know your long-time partner owns them. You attend the closing. You don’t tell the buyer that he’s got the ownership wrong. You are protected by a...more
BNSF v. Chevron Midcontinent LP et al. asked whether a 1903 deed granted BNSF’s predecessor a strip of land in fee simple absolute or only an easement. The result: BNSF holds only an easement. There’s more to the case than an...more
Today’s “pay attention” edition begins with a quiz. What is the most important thing to read carefully:
a. Speed limit sign in small-town (insert name of Southern state).
b. Itinerary for that dream vacation, the...more
Square Mile Energy LLC v. Pommier considered this language in a Louisiana partition agreement: “N.B: Included in this transfer are any and all mineral rights, when available, to Roxanne and all surface rights.” Did this...more
9/1/2016
/ Community Property ,
Contract Interpretation ,
Contract Terms ,
Energy Sector ,
Land Titles ,
Mineral Leases ,
Mineral Rights ,
Oil & Gas ,
Partitions ,
Property Ownership ,
Transfer of Interest
This narrative about a daughter gone bad is for title examiners, landmen and moralists. Business development persons, skip straight to the lesson.
The background Elvira owned a home and lived with Johnny. Elvira and...more
Behold Mr. Clean. Even he can’t remove a pesky stain as skillfully as the landman who framed the conversation in a way that washed out a lessee. See Anadarko Petroleum Corporation v. TRO-X, LP
Did the lessee retain any...more
The Title Question -
Harold Smith, the owner of Blackacre, and his wife, Wendy Smith, execute a deed covering all of their interest in Blackacre to Tiger Drilling....more
The Title Question -
Your title examiner often encounters a conveyance to an individual “as Trustee” with no Trust specified in the instrument....more
The regular session of the 2013 Texas Legislature is over and now it’s time to assess the damage. ...more
If it ain’t broke, don’t fix it. Or, as said by the Pennsylvania Supreme Court, “A rule of property long acquiesced in should not be overthrown except for compelling reasons of public policy or the imperative demands of...more