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Texas › Oil & Gas › Deeds

Houston Harbaugh, P.C.

Creating a Chasm or Filling a Void?

Houston Harbaugh, P.C. on

If you drive around Pennsylvania, you are likely not going to encounter a “For Sale” sign offering a cavern in the ground. But the voids, pore spaces, and cavities in the subsurface can be quite valuable now and in the...more

McGinnis Lochridge

26-Step Mechanical Framework For Interpreting Deeds? Texas courts reject "mechanical" deed interpretation while creating a 28-step...

McGinnis Lochridge on

The El Paso Court of Appeals recently published an opinion that provides what might be characterized as 26-step step system for analyzing a deed that (perhaps inadvertently) highlights a growing irony in Texas jurisprudence....more

Gray Reed

Texas Pore Space Ownership – Royalty Calculation

Gray Reed on

In Myers-Woodward, LLC v. Underground Services Markham, LLC et al, (discussed previously) the parties disagreed on how to calculate Myers’ royalty on salt produced by Underground....more

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

Oliva Gibbs

Reservation or Limitation on Warranty? Navigating the Fine Line — Lessons from Valence Operating Co. v. Davidson

Oliva Gibbs on

In Valence Operating Co. v. Davidson1, the Court of Appeals for the Sixth Appellate District of Texas at Texarkana addressed whether the provision, “all Oil, Gas and other Minerals have been excepted and reserved by former...more

Gray Reed

Texas Court Shields Severed Mineral Interests from Tax Foreclosure Judgment

Gray Reed on

In Bush v. Yarborough Oil & Gas, LP a decades-old tax foreclosure judgment did not affect a previously severed mineral interest not owned by the delinquent taxpayer. The mineral owners were neither named nor served in the...more

Houston Harbaugh, P.C.

Texas Appellate Court Rules That ‘Free of Cost’ Clause In 1960 Deed Prohibits The Deduction of Post-Production Costs

Houston Harbaugh, P.C. on

Let’s assume you own a 135 acre farm in Tioga County, Pennsylvania. In 2020, you negotiate a new oil and gas lease with XYZ Drilling Company. During the negotiations, you insist on a cost free, no deduction royalty of 17%. ...more

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