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Affirmative Defenses Texas

McGinnis Lochridge

Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

McGinnis Lochridge on

Under Van Dyke, deeds with double-fraction royalty reservations referencing “1/8” are presumed to reserve a floating royalty interest unless clearly contradicted. Defenses like waiver, ratification, and limitations cannot...more

Freeman Law

Equitable Estoppel in Texas

Freeman Law on

Equitable estoppel is an affirmative defense that generally prevents one party from misleading another to the other’s detriment or to the misleading party’s own benefit....more

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