Oil & Gas, Warranty Deed

What’s the Difference Between a Mineral Reservation and an Exception?

Gray Reed on 4/17/2025

The category is “terms that confuse us” for one hundred dollars. Without resorting to your favorite legal dictionary or lawyer, explain the difference between a reservation and an exception in a Texas warranty deed. Stumped?...more

Duhig Rule Claim is Unsuccessful

Gray Reed on 11/14/2023

The Duhig Rule is back, this time in Echols Minerals LLC, et al v. Green et al. Framing the discussion, Duhig v. Peavy Moore Lumber Company and Trial v. Dragon - In Duhig the grantor in a general warranty deed...more

Another Double-Fraction Texas Deed Case

Gray Reed on 3/22/2023

Davis v. COG Operating, LLC, in construing a Warranty Deed with a reservation of minerals, applied the estate-misconception doctrine and denied the presumed grant doctrine. At issue were three instruments...more

“Provisional Authority” to Control Executive Rights Not Assignable

Gray Reed on 5/15/2020

Geary v. Two Bow Ranch Limited Partnership* is an example of the havoc an unusual contract provision can create....more

The Duhig Rule Explained and Distinguished

Gray Reed on 12/5/2019

Let’s talk the Duhig Rule and estoppel by deed in Texas. Don’t run away yet. We’ll get to the point quickly and then you can leave....more

Was The Royalty Reservation “Floating” Or “Fixed”?

Gray Reed on 2/27/2014

The question in Graham v. Prochaska: Did the grantors in a 1950 Texas warranty deed reserve a “floating” 1/2 royalty interest or a “fixed” 1/16th royalty?...more