Land Descriptions Ambiguities Can Create Serious Problems in Oil and Gas Options
When preparing and executing any type of contract, it is important to be clear on all important terms in the contract. Ambiguities lead to uncertainty, and uncertainty can turn into disputes down the...
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Healthy Forecast for Texas Permian Basin Oil and Gas Production
Economists at IHS Markit recently issued a report (summarized here) that predicts that oil production in the Permian Basin will almost double by 2023, increasing by 3 million barrels per day (mbd) to...
View ArticleRenting Your Home is NOT a “Business Purpose” in Violation of Restrictive...
In the recent case of Tarr v. Timberwood Park Owners Association Inc. the Texas Supreme Court considered whether a deed restriction that limited use of homes “solely for residential purposes” prevented...
View ArticleNew Oil and Gas Pipelines Planned for Texas
As production in Texas’ Permian Basin increases, so does the industry’s need for pipelines to transport production to treatment facilities and markets. Kinder Morgan, EagleClaw Midstream Ventures and...
View ArticleOral Modifications to An Oil and Gas Agreement Not Barred By the Statute of...
A Texarkana Court of Appeals case, Petrohawk Properties, L.P. v. Jones offers some insight into how changes to an oil and gas agreement are analyzed in terms of the statute of frauds. Material changes...
View ArticleCan a Text Message Establish the Proper Address for a Foreclosure Notice?
The Houston Court of Appeals in Bauder v. Alegria issued a decision that a text message can be used to establish the last known address of a borrower for the purposes of delivering a foreclosure...
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Grantor’s Intent is Drawn from the Plain Language in an Unambiguous Deed
How the Texas courts construe and interpret unambiguous deeds follows a specific set of rules. In construing an unambiguous deed, the court’s main focus is to ascertain the parties’ true intent...
View ArticleThings Texas Landowners Should Know about Survey Permits for Oil and Gas...
As many Texas landowners are aware, oil and gas pipelines are being constructed at an almost frantic pace these days. The first time a landowner is aware that they may be asked to sign a pipeline...
View ArticleHomeowners Association Ballots Not Confidential in Texas Court Case
In re Keenan is a recent case where a party was successful in obtaining a review of ballots for a homeowner’s association vote to amend its architectural rules. Keenan was a member of a Homeowner’s...
View ArticleBankruptcy Law and Texas Oil & Gas Leases: Be Careful With “Consideration...
A recent decision handed down by the U.S. Fifth Circuit of Appeals makes it clear that great care should be taken with how the consideration clause of Texas oil and gas leases are drafted. The case of...
View ArticleTrespass to Try Title is the Exclusive Cause of Action to Establish Ownership...
The recent Court of Appeals case of Lackey v. Templeton, 2018 WL 3384570 (Tex. Civ.App. — Beaumont, no pet.), provides another illustration of the legal principle that, in Texas, if you are challenging...
View ArticleTexas Supreme Court Offers Instruction on Offset Wells in Texas
Last summer, we wrote about an interesting case involving offset wells and covenants (both implied and express) to prevent drainage in shale formations. As discussed in our earlier article, the San...
View ArticleSubsurface Trespass by Hydraulic Fracturing? Yes, Says Pennsylvania Court
Normally, this blog discusses Texas court cases and decisions. However, occasionally, a court decision from one of our sister states is of interest. Such is the case with Briggs v. Southwestern Energy...
View ArticleTexas Statute of Frauds Renders Land man Commission Contract Unenforceable
A recent case from the Texas Court of Appeals in Waco held that the Texas Statute of Frauds — Tex. Bus. & Com. Code, § 26.01 — rendered a land man’s commission contract unenforceable. The Court...
View ArticleCourse of Dealing Results in Waiver in Texas Groundwater Lease Case
The course of dealings between the parties over a period of time can lead to modifications and waivers of provisions within an oil and gas lease and related contracts. A recent Dallas Court of Appeals...
View ArticleTexas Law Now Allows Notarization Online
In 2017, the Texas Legislature passed House Bill 1217, which allows Texas notaries to do remote notarization. Beginning July 1, 2018, commissioned notaries can apply to be commissioned as an Online...
View ArticleTexas Court Holds Participating Oil and Gas Lessee Co-Tenant Owes No...
The recent case of Devon Energy Production Co. v. Apache Corporation, Case No. 11-16-00105-CV (Tex.Civ.App.- Eastland 2018, pet. filed) addressed a novel question under Texas law about whether an oil...
View ArticleErroneous Use of Words “Overriding Royalty Interest” Does Not Make Mineral...
Texas law strongly endorses the concept of freedom to contract and our courts have frequently emphasized this by enforcing the intent of the contracting parties. Indeed, intent of the parties is...
View ArticleTexas Choice of Law in Oil and Gas Contracts
In general, Texas courts will enforce contracts — including oil and gas contracts — as those contracts are written unless the contract violates statutory law or public policy. These principles apply...
View ArticleMandatory Arbitration Clause in Texas Oil & Gas Lease is Enforceable
In Ridge Natural Resources, LLC v. Double Eagle Royalty, LP, 2018 WL 4057283 (Tex.Civ.App.- El Paso 2018), a case involving a dispute over ownership of mineral interests in Winkler County, Texas, the...
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