Easement by Estoppel Addressed by Texas Supreme Court
In Boerschig v. Rio Grande Electric Cooperative, the Texas Supreme Court addressed two questions: 1) what are the elements of an easement by estoppel; and 2) what is the scope of that easement. John...
View ArticleLandowner Entitled to Withold Consent to Seismic Permit
In Endeavor Nat. Gas III, LLC v. Comanche Maverick Ranch Investments, L.P., No. 14-24-00639-CV, 2025 WL 3072934, at *2 (Tex. Civ. App.—Houston [14th Dist.] Nov. 4, 2025, no pet.), the Houston Court of...
View ArticleReliance on Oral Representations Not Justified
In Evans Resources, L.P. v. Diamondback E&P, LLC, 725 S.W.3d 718, 726 (Tex. Civ. App. Eastland 2025, no pet.), the Eastland Court of Appeals heard a case in which one of the claims by the...
View ArticleMineral Deed Voided Due to Statute of Frauds
Recently the Corpus Christi Court of Appeals addressed a statute of frauds issue in Alcott v. 1893 Oil and Gas Ltd., No. 13 23-00492-CV, 2025 WL 2858113, at *3 (Tex. Civ. App.—Corpus Christi–Edinburg...
View ArticleTexas Supreme Court Renders Opinion on Costs Deducted from Royalty
Recently, in Fasken Oil and Ranch Ltd. v. Puig et al, the Texas Supreme Court addressed a claim by a nonparticipating royalty owner that its royalties should be free of post-production costs. In the...
View ArticleFixed vs. Floating Royalties Revisited: Clifton v. Johnson
Recently the Texas Supreme Court in Clifton v. Johnson addressed another double fraction of royalties case. The issue was whether the original deed in 1951 granted a fixed or floating royalty interest....
View ArticleNew Protections in Texas for Victims of Title Fraud
With the growing concern these days about possible title fraud, it is important to know about a new remedy for victims of title fraud that was passed by the Texas Legislature. The remedy is set out in...
View ArticleTexas Supreme Court: Produced Water Belongs to the Operator
In the recent case of Cactus Water Services LLC v. COG Operating LLC, the Texas Supreme Court addressed the question of who owns produced water resulting from oil and gas production. Produced water,...
View ArticleWhose Production Meets the Habendum Clause Requirements
In Cromwell v. Anadarko E&P Onshore, LLC (No. 23-0927 May 25, 2025), the Texas Supreme Court issued an opinion concerning the habendum clause in two oil and gas leases. An example of a typical...
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What Qualifies a Pipeline as a Common Carrier?
The Houston Court of Appeals decided a case recently on whether a pipeline was a common carrier or not. The issue is very important: if a pipeline is a common carrier it has condemnation power, and if...
View ArticleSupreme Court Rules on Enforceability of Oral Representations
The Texas Supreme Court recently decided a case involving the enforceability of verbal representations. In the case of Roxo Energy Co. v. Baxsto, LLC, No. 23-0564, 2025 WL 134581 (Tex. May 9, 2025)...
View ArticleRecoupment of Overpaid Oil and Gas Royalties
The Fifth Circuit Court of Appeals decided an interesting case involving recoupment of overpaid oil and gas royalties. In DDR Weinert, Ltd. v. Ovintiv USA, Inc., No. 23-50479, 2025 WL 636315 (5th Cir....
View ArticleSurface Owner Owns Salt Caverns
The Texas Supreme Court recently granted petitions for review regarding the ownership of salt caverns created by salt extraction in Myers-Woodward, LLC v. Underground Servs. Markham, LLC, ___ S.W.3d...
View ArticleEarly Shut In Royalty Payment Held to be Valid to Extend Lease
In Scout Energy Management, LLC v. Taylor Properties, 704 S.W.3d 544 (2024), the Texas Supreme Court addressed a case where the Plaintiff claimed that two leases had terminated because a shut in...
View ArticleTexas Appeals Court Refuses to Add Width to Pipeline Easement
In Premcor Pipeline Co. v. Wingate, No. 09-22-00117-CV (Tex. Civ. App. Apr. 11, 2024), the Court considered a dispute regarding Premcor’s use of Wingate’s roads and bridges to service its pipelines....
View ArticleWho Owns Produced Water in Texas?
A somewhat unsettled question in Texas law is just who owns the water that is produced in some wells along with the oil and gas. Produced water has usually been considered a waste product, and the...
View ArticleMore Issues with Electric Vehicle Batteries
I recently caught up with my stack of reading material, and one article that I found especially interesting is an article by Dr.Iddo Wernick entitled “The Many Problems with Batteries”. It is an...
View ArticleWho Owns the Rights to Salt Caverns?
In 2022, in a case decided by the Corpus Christi Court of Appeals, the issue was who owns the right to use underground salt caverns: the mineral owner or the surface owner? In this case,...
View ArticleFixed vs. Floating Royalty Considered by Texas Supreme Court
Whether a royalty granted or reserved in a deed is a “fixed” or “floating” royalty has resulted in a lot of litigation in Texas. The Corpus Christi Court of Appeals considered the issue again in Hahn...
View ArticleTexas Court of Appeals Rules on Production Sharing Agreement
Earlier this year, the Corpus Christi Court of Appeals was called on to interpret the rights provided by a production sharing agreement. A production sharing agreement is an agreement between an oil...
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