Contract Disputes, Contract Terms, Mineral Exploration

Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

McGinnis Lochridge on 5/12/2025

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

Added Party Can’t Avoid Amended Master Service Agreement

Gray Reed on 10/12/2021

Let’s begin with a question: Master service agreements (“MSA’s” in the trade), once agreed upon, often remain in force for years. As time passes and circumstances change, the parties amend, sometimes losing sight of the...more

Texas Appellate Court Rules that Lease Terminated Due to Twelve Months of Non-Production

Houston Harbaugh, P.C. on 8/10/2021

The modern producing gas well is a sophisticated and complex piece of equipment. The basic well head itself consists of several meters, valves and other components, each of which is under constant stress and pressure. ...more

The Difficulty of Enforcing an Unwritten Contract

Gray Reed on 5/14/2019

Imagine how much better off you would be if the contract you want to enforce had been reduced to writing. See West v. Quintanilla for what happens when it wasn’t....more

Original Louisiana Lessee Can’t Escape Liability

Gray Reed on 7/17/2018

Louisiana practitioners and their clients tend to know this particular point of Louisiana law, but it could surprise out-of-staters (known in their native habitat as “Texans”), so it’s worth a reminder...more

Contract Disputes › Contract Terms › Mineral Exploration

Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

Added Party Can’t Avoid Amended Master Service Agreement

Texas Appellate Court Rules that Lease Terminated Due to Twelve Months of Non-Production

The Difficulty of Enforcing an Unwritten Contract

Original Louisiana Lessee Can’t Escape Liability

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