Mineral Ownership Title Issues
|
|
- Bryan Johnston
- 6 years ago
- Views:
Transcription
1 Mineral Ownership Title Issues Bruce M. Kramer McGinnis, Lochridge & Kilgore, LLP 1111 Louisiana, Suite 4500 Houston, Texas (713) HBA Oil & Gas Section Meeting October 23, 2012 October 23,
2 GENERAL PRINCIPLES Oil and gas development begets title and conveyancing litigation North Dakota Within past 2 years North Dakota Supreme Court has issued more than 5 opinions dealing with the Duhig Rule 2
3 GENERAL PRINCIPLES Texas The role of canons of construction First principle Should not replace common sense Bruce M. Kramer, The Sispyhean Task of Interpreting Mineral Deeds and Leases: An Encyclopedia of Canons of Construction, 24 Tex. Tech L.Rev. 1 (1993) Listing of multiple/conflicting canons of construction Use in ambiguous/unambiguous documents 3
4 Real Covenants, Plat Approvals and Implied Reservations Farm & Ranch Investors, Ltd. v. Titan Operating, LLC 369 S.W.3d 679 4
5 Farm & Ranch (Cont) 1994 Dedication Plat filed of record/surface subdivision Real covenant prohibiting use of surface for oil and gas operations Unified surface/mineral estate 5
6 Farm & Ranch (Cont) Deeds No express reservation of mineral estate by grantor/owner Deeds subject to mineral reservations of record 6
7 Farm & Ranch (Cont) Issue Who owns the mineral estate? Grantor Subject to language reserves mineral estate in deeds Grantee No express reservation of mineral estate in deed Dedication/plat filing did not act as a reservation 7
8 Farm & Ranch (Cont) Canons of construction Unambiguous document Greatest estate canon Warranty deed conveys all the grantor owns Can t reserve an interest one already owns in plat/dedication 8
9 Farm & Ranch (Cont) No implied reservations Subject to clause cannot, by itself, reserve the mineral estate Subject to clause acts as limitation on warranty Grantees own the mineral estate 9
10 Fraction of Versus Fractional Royalty Coghill v. Griffith 358 S.W.3d
11 Coghill (Cont) Deed Language One eighth interest in and to all the royalty One eighth of all royalties paid under said lease One eighth of usual one eight royalty provided in future leases Future leases shall provide for at least a one eighth royalty Grantor shall own a free royalty of 1/64th 11
12 Coghill (Cont) 1953 Lease 1/8 th royalty 1976 & 1981 Leases 3/16 th royalty Division orders 1/8 th of 3/16 th or 3/128 th Grantee revokes division order Claims grantor only entitled to a fixed 1/64 th or 2/128 th share 12
13 Coghill (Cont) TEN!!! Canons of Construction cited Common sense Harmonizing Inconsistent signals from the 5 different descriptions of the reserved royalty Two/three grant cases Can t harmonize existing lease and future lease clauses 13
14 Coghill (Cont) Future lease clause language appears to control Fixed fractional royalty language merely sets minimum does not create a fractional royalty Compare with Garza v. Prolithic Energy, 195 S.W.3d 137 (Tex.App. San Antonio 2006); Range Resources v. Bradshaw, 266 S.W.3d 490 (Tex.App. Ft. Worth 2008) 14
15 Adverse Possession/Inconsistent Surveys Conley v. Comstock Oil & Gas, LP 356 S.W.3d
16 Conley (Cont) Plaintiffs claim title to minerals based on Escobeda Survey Defendants claim title under two principal theories: 1. Doctrine of presumed lost deed; 2. Adverse possession 16
17 Conley (Cont) Native American Tribe cannot be sued in trespass to try title action without waiver of immunity 17
18 Conley (Cont) Doctrine of Presumed Lost Deed Independent of adverse possession Magee v. Paul, 221 S.W. 254 (1920) Inconsistent with human behavior for owner to allow stranger to occupy/use surface and/or mineral estate for many years Seemingly overlaps with AP doctrine Common law/equity 18
19 Conley Adverse Possession Three and Five Year Statutes of Limitation Pooled unit Partial inclusion of claimed land AP only applies to that portion of land that has been pooled Ten Year Statute Applicable to entire tract Deed description controls 19
20 Overriding Royalty Extension and Renewal Clause SM Energy Co. v. W. H. Sutton 2012 WL (Tex. App. San Antonio) 20
21 SM Energy (Cont) 40,000 acre Briscoe Ranch lease Total and partial surrender provision ORRI created in assignment of lease Lease assignments have extension or renewal clauses One year period after lease termination Lessee surrenders 22,000 acres Former lessee re leases one year and one day after surrender 21
22 SM Energy (Cont) Trial Court As long as any portion of original lease is in existence, ORRI continues Rule Against Perpetuities argument fell, not unexpectedly on deaf ears Binding on non parties; springing executory interest; lease of surrendered acreage could occur 100 years from lease assignment 22
23 SM Energy (Cont) Court of Appeals ORRI carved out of lease only lasts so long as lease is in existence Fain & McGaha v. Biesel, 331 S.W.2d 346 (Tex.Civ.App. Ft. Worth 1960) controls Lease provides for partial surrender Surrendered portion of lease has terminated New lease beyond one year period not impacted by ORRI 23
24 Over conveyancing Hunsaker v. Brown Distributing Co., 373 S.W.3d 153 (Tex.App. San Antonio 2012) 24
25 Hunsaker (Cont) Grantor owns ¼ of minerals Warranty deed Granting clause refers to attached Exhibit A Exhibit A describes granted interest as 1/2 of all oil, gas and minerals. now owned by Grantor : Grant is made subject to prior reservations in Exhibit A 25
26 Hunsaker (Cont) Grantor asserts he transferred ½ of ¼ or 1/8 th of the minerals Grantee asserts he received ¼ of the minerals Court does not apply Duhig Granting clause defines scope of interest granted now owned clearly limits interest granted to ½ of ¼ 26
27 Hunsaker (Cont) Canons of construction Four corners/harmonizing Labels do not control Whole document 27
28 Hunsaker (Cont) Key language = now owned Granting clause did not describe that which was to be granted as 100% of Blackacre but merely ½ of ¼ now owned subject to description in Exhibit A Exhibit A clearly shows grantor only owned ¼ of minerals 28
JUST WHEN YOU THINK YOU HAVE THE PUZZLE FIGURED OUT
JUST WHEN YOU THINK YOU HAVE THE PUZZLE FIGURED OUT BE AWARE OF Potential Pitfalls when interpreting mineral and royalty rights. Is the Conveyance/Reservation of the Minerals or of the Royalty? WHY DO
More informationARE WE THERE YET? An Examination of the Commencement & Termination of an Oil and Gas Lease. Institute for Energy Law Texas Mineral Title Course
ARE WE THERE YET? An Examination of the Commencement & Termination of an Oil and Gas Lease Institute for Energy Law Texas Mineral Title Course Houston, Texas Friday, May 3, 2013 Peter E. Hosey & Jordan
More informationTEXAS OIL & GAS CASE LAW UPDATE TADC Spring 2012 Edition
TEXAS OIL & GAS CASE LAW UPDATE TADC Edition Greg W. Curry Gregory D. Binns Nathan H. Aduddell Thompson & Knight LLP May 29, 2012 I. SCOPE OF THE ARTICLE This article surveys selected oil and gas cases
More informationRETAINED ACREAGE CLAUSES RECENT CASES AND ISSUES. Presented by: J. DERRICK PRICE, Austin McGinnis Lochridge
RETAINED ACREAGE CLAUSES RECENT CASES AND ISSUES Presented by: J. DERRICK PRICE, Austin McGinnis Lochridge Co-author: JOHN J.C. HERNANDEZ, Austin McGinnis Lochridge State Bar of Texas 35 th ANNUAL ADVANCED
More informationTEXAS HOMESTEAD AND PROBATE LAW
May 14, 2015 TEXAS HOMESTEAD AND PROBATE LAW Jonathan D. Baughman McGinnis Lochridge Houston, Texas Why Homestead Matters 2 Why Homestead Matters 3 Background/Basics 4 Texas Homestead Law 5 Homestead The
More informationIN THE SUPREME COURT OF TEXAS
IN THE SUPREME COURT OF TEXAS 444444444444 NO. 16-0412 444444444444 TRO-X, L.P., PETITIONER, v. ANADARKO PETROLEUM CORPORATION, RESPONDENT 4444444444444444444444444444444444444444444444444444 ON PETITION
More informationThings You May Have Missed
Things You May Have Missed M. Ryan Kirby & Gerald W. Walrath Kirby, Mathews & Walrath, PLLC Allocation Wells Revisited (Monroe Properties) Monroe s complaint argued Devon should not have been issued a
More informationEstoppel by Deed; Estoppel by Duhig The Indicators and Consequences of Estoppel in Land Titles. Terry I. Cross
Estoppel by Deed; Estoppel by Duhig The Indicators and Consequences of Estoppel in Land Titles Terry I. Cross Consequence of estoppel indicator for estoppel Crump v. Sanders, 173 S.W. 559 (Tex.Civ.App.--
More informationLIGHTNING STRIKES THE TEXAS SUPREME COURT
LIGHTNING STRIKES THE TEXAS SUPREME COURT HANNAH FRED I. INTRODUCTION... 1 II. BACKGROUND... 2 A. Rule of Capture... 2 B. Trespass... 3 III. LIGHTNING OIL CO. V. ANADARKO E&P OFFSHORE LLC... 3 A. Factual
More informationTEXAS OIL AND GAS PATTERN JURY CHARGES QUESTIONS AND INSTRUCTIONS. Presented By: RICARDO E. MORALES
TEXAS OIL AND GAS PATTERN JURY CHARGES QUESTIONS AND INSTRUCTIONS ( DRAFT SUBJECT TO REVISION) Presented By: RICARDO E. MORALES Prepared By: THE COMMITTEE ON TEXAS OIL AND GAS PATTERN JURY CHARGES OF THE
More informationDouble Fraction Problems in Instruments Involving Mineral Interests
SMU Law Review Volume 11 Issue 3 Article 1 1957 Double Fraction Problems in Instruments Involving Mineral Interests Wilmer D. Masterson Jr. Follow this and additional works at: https://scholar.smu.edu/smulr
More informationEstoppel by Deed; Estoppel by Duhig The Indicators and Consequences of Estoppel in Land Titles. Terry I. Cross
Estoppel by Deed; Estoppel by Duhig The Indicators and Consequences of Estoppel in Land Titles Terry I. Cross Consequence of estoppel indicator for estoppel Crump v. Sanders, 173 S.W. 559 (Tex.Civ.App.--
More informationBrandon Durrett, Senior Attorney Dykema Cox Smith San Antonio, Texas PBLA Luncheon February 13, 2018
READY! FIRE! AIM! TWO DRAFTING TRAPS TO AVOID IN PAPERING A RUSH DEAL Brandon Durrett, Senior Attorney Dykema Cox Smith San Antonio, Texas bdurrett@dykema.com PBLA Luncheon February 13, 2018 Agreements
More informationThe Pich Exception: Reservations, Exceptions to Warranty, and Exceptions to Grant in the Chain of Title
LSU Journal of Energy Law and Resources Volume 5 Issue 1 Journal of Energy Law & Resources -- Spring 2017 The Pich Exception: Reservations, Exceptions to Warranty, and Exceptions to Grant in the Chain
More informationThe Politicians Creed IT IS NOT WHETHER YOU WIN OR LOSE, BUT HOW WELL YOU PLACE THE BLAME.
The Politicians Creed IT IS NOT WHETHER YOU WIN OR LOSE, BUT HOW WELL YOU PLACE THE BLAME. 1:2 MY HOME TOWN! A Native Texan Remember GTOC. recenter.tamu.edu judon@recenter.tamu.edu Updates 1) Hints on
More informationThe Doctrine or After-Acquired Title in Mineral Conveyancing
University of Arkansas, Fayetteville ScholarWorks@UARK Annual of the Arkansas Natural Resources Law Institute School of Law 2-2003 The Doctrine or After-Acquired Title in Mineral Conveyancing Phillip E.
More informationc. elimination as encumbrance 1) express release 2) review of specific facts with underwriter (general description)
TITLE ISSUES IN EASEMENTS AND CCR S I Easements (the Company ) insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding
More informationAuthority of Commissioners Court
-County Roads- A primer for newly elected officials By Robert T. Bob Bass Allison, Bass & Magee, LLP Austin, Texas 78701 1/6/15 1 Authority of Commissioners Court Make and enforce all reasonable and necessary
More informationFourth Court of Appeals San Antonio, Texas
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-16-00168-CV LABORDE PROPERTIES, L.P. and Laborde Management, LLC, Appellants v. U.S. SHALE ENERGY II, LLC, Raymond B. Roush, Ruthie
More informationIN THE SUPREME COURT OF TEXAS
IN THE SUPREME COURT OF TEXAS 444444444444 NO. 15-0935 444444444444 XOG OPERATING, LLC AND GERONIMO HOLDING CORPORATION, PETITIONERS, v. CHESAPEAKE EXPLORATION LIMITED PARTNERSHIP AND CHESAPEAKE EXPLORATION,
More informationOil & Gas Law. Class 19: Lessor Title Issues (4 of 6) Conveyances & Reservations 1
Oil & Gas Law Class 19: Lessor Title Issues (4 of 6) Conveyances & Reservations 1 1 Admin Stuff CL 21 Supplemental Readings NONE 2 Up to Now Lessor Title and Conveyance Issues Mineral and Royalty Interests
More informationGas Gathering Agreements: The Treatment of GGAs as Executory Contracts in Bankruptcy
Gas Gathering Agreements: The Treatment of GGAs as Executory Contracts in Bankruptcy Ellen Conley April 4, 2016 Midstream Agreements in Bankruptcy In re Sabine Oil & Gas Corporation In re Quicksilver Resources
More informationIN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE August 15, 2007 Session
IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE August 15, 2007 Session JUDITH ANN FORD v. JAMES W. ROBERTS, ET AL. Appeal from the Chancery Court for Hamilton County No. 01-0846 Howell N. Peoples, Chancellor
More informationThe Politicians Creed IT IS NOT WHETHER YOU WIN OR LOSE, BUT HOW WELL YOU PLACE THE BLAME.
1:1 The Politicians Creed IT IS NOT WHETHER YOU WIN OR LOSE, BUT HOW WELL YOU PLACE THE BLAME. My Personal Creed If it Ain t broke It Ain t mine!! Today s Test Question about Texas Where were Hereford
More informationMother Hubbard Clauses: Is the Cupboard Bare or Does That Dog Hunt?
University of Arkansas, Fayetteville ScholarWorks@UARK Annual of the Arkansas Natural Resources Law Institute School of Law 2-2013 Mother Hubbard Clauses: Is the Cupboard Bare or Does That Dog Hunt? Phillip
More informationHBA Oil Gas & Mineral Law Section Jonathan M. Hyman, Philip B. Jordan & Jason Brookner Gray Reed
HBA Oil Gas & Mineral Law Section Jonathan M. Hyman, Philip B. Jordan & Jason Brookner Gray Reed Old Law, New Controversy Shale Boom Leads to Infrastructure Surge In re Sabine Oil & Gas Corporation In
More informationThe Oil & Gas Lease, Part III: Implied Covenants
THE UNIVERSITY OF TEXAS SCHOOL OF LAW Presented: 2015 Fundamentals of Oil, Gas and Mineral Law March 26, 2015 Houston, TX The Oil & Gas Lease, Part III: Implied Covenants LSU Law Center 1 East Campus Drive
More informationby G. Alan Perkins PPGMR Law, PLLC
by G. Alan Perkins PPGMR Law, PLLC MINERAL INTEREST LEASEHOLD INTEREST ROYALTY INTEREST MINERAL INTEREST MINERAL INTEREST IMPLIED EASEMENT OF SURFACE USE The mineral owner's right to reasonable use of
More informationCOURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS CHESAPEAKE EXPLORATION, L.L.C., CHESAPEAKE OPERATING, INC., ANADARKO PETROLEUM CORPORATION, and SWEPI, L.P., v. Appellants, ENERGEN RESOURCES CORPORATION,
More informationIntroduction A Road Less Traveled. Factual Background The Rocky Road to the Highest Court in Texas
27 February 2014 Practice Groups: Oil & Gas Energy Energy, Infrastructure and Resources Environmental, Land and Natural Resources Houston, We May Have a Problem! Surface Owner Who Put up Roadblock to Oil
More informationOil & Gas Law. Class 16: Lessor Title Issues (1 of 6) Mineral Interests & Royalty Interests
Oil & Gas Law Class 16: Lessor Title Issues (1 of 6) Mineral Interests & Royalty Interests 1 Changing Focus 1 Lessor Many Lessors OGL OGL 1 Lessee Many Lessees 2 Mineral Estate What is it / What rights
More informationKEY ISSUES IN TITLE INVESTIGATION
KEY ISSUES IN TITLE INVESTIGATION Texas Land Trust Council Conference, 2017 Burgess Jackson Law Office of Burgess Jackson Allison Elder, Director of Legal Services San Antonio River Authority KEY ISSUES
More informationDEED IN LIEU OF FORECLOSURE TRANSACTIONS
DEED IN LIEU OF FORECLOSURE TRANSACTIONS Frank Oliver Oliver & Oliver, P.C. 1 RESUME OF FRANK OLIVER Oliver & Oliver, P.C. 100 Congress Avenue, Suite 2100 Austin, Texas 78701 (512) 370-4050 Fax (512) 370-4051
More informationMINERAL LAW FINAL EXAMINATION. P.N. Davis. Friday, December 10, 1999: 1:00-3:30 PM Thursday, December 16, 1999: 8:30-11:00 AM
FINAL EXAMINATION MINERAL LAW P.N. Davis Friday, December 10, 1999: 1:00-3:30 PM Thursday, December 16, 1999: 8:30-11:00 AM THIS IS A TWO AND ONE-HALF (2½) HOUR EXAMINATION. THIS EXAMINATION CONTAINS SIX
More informationChapter 9 Coal Lease Terminations: Minimizing the Pain of Untying the Knot
CITE AS 25 Energy & Min. L. Inst. ch. 9 (2005) Chapter 9 Coal Lease Terminations: Minimizing the Pain of Untying the Knot By Richard J. Bolen Huddleston Bolen LLP Huntington, West Virginia Synopsis 9.01.
More informationDUVALL V. STONE, 1949-NMSC-074, 54 N.M. 27, 213 P.2d 212 (S. Ct. 1949) DUVALL vs. STONE et al.
1 DUVALL V. STONE, 1949-NMSC-074, 54 N.M. 27, 213 P.2d 212 (S. Ct. 1949) DUVALL vs. STONE et al. No. 5217 SUPREME COURT OF NEW MEXICO 1949-NMSC-074, 54 N.M. 27, 213 P.2d 212 December 31, 1949 Action by
More informationMAXIMIXING CONTRACTUAL DAMAGES:
MAXIMIXING CONTRACTUAL DAMAGES: LESSONS FROM OIL AND GAS TRIAL WORK University of Texas School of Law Page Keeton Civil Litigation Conference October 2009 James Holmes The Schmidt Firm 2911 Turtle Creek
More informationOil and Gas Overconveyances Arkansas Adopts a Modified Version of the Duhig Rule
University of Arkansas at Little Rock Law Review Volume 8 Issue 2 Article 3 1985 Oil and Gas Overconveyances Arkansas Adopts a Modified Version of the Duhig Rule Ranko S. Oliver Follow this and additional
More informationRESERVATION OR EXCEPTION, WHAT IS IT GOING TO BE? SARA E. DYSART ATTORNEY AT LAW
RESERVATION OR EXCEPTION, WHAT IS IT GOING TO BE? SARA E. DYSART ATTORNEY AT LAW San Antonio, Texas December 8-9, 2016 SARA E. DYSART 112 E. Pecan Street, Suite 3050 Attorney at Law San Antonio, Texas
More informationIN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE December 13, 2012 Session
IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE December 13, 2012 Session BARRY RUSSELL, ET AL. v. HENDERSONVILLE UTILITY DISTRICT Appeal from the Chancery Court for Sumner County No. 2010C120 Tom E.
More informationSurface Issues Dealing With Landowners, Buyers, and Sellers
Surface Issues Dealing With Landowners, Buyers, and Sellers Presented by Greg W. Curry Surface owner preventing access Sudden release Historical release 2 Clean, freshwater, is the lifeblood of rural Texas.
More informationThe Relinquishment Act
The Relinquishment Act. No part of this presentation may be used or reproduced in any manner whatsoever without written permission from the Kilburn Law Firm. For information, please address Kilburn Law
More informationOklahoma Bar Association Mineral Law Section Newsletter John Paul Albert Editor-in-Chief
VOL. XXXV, NO. 3 MAY, 2014 TABLE OF CONTENTS DON T FORGET ABOUT DUHIG: WHY MINERAL OWNERS SHOULD PAY ATTENTION...2 SELECTED OIL AND GAS DECISIONS...23 SELECTED AGRICULTURE DECISIONS...26 SELECTED WIND
More informationIN THE SUPREME COURT OF THE STATE OF KANSAS. No. 109,297. MIKE NETAHLA and DEBRA FRANCIS, Appellees. SYLLABUS BY THE COURT
IN THE SUPREME COURT OF THE STATE OF KANSAS No. 109,297 LARRY NETAHLA and JANET NETAHLA CURTIS, Appellants, v. MIKE NETAHLA and DEBRA FRANCIS, Appellees. SYLLABUS BY THE COURT On the facts of this case,
More informationCopyright 2012 Imperium Energy Resources, Inc. All rights reserved.
Copyright 2012 Imperium Energy Resources, Inc. All rights reserved. TABLE OF CONTENTS INTRODUCTION... 6 DUTIES OF A LANDMAN... ERROR! BOOKMARK NOT DEFINED. RESEARCHING AND EXAMINING MINERAL AND SURFACE
More informationOil and Gas CAN Work with Conservation Easements
SEPTEMBER 14, 2011 Oil and Gas CAN Work with Conservation Easements Stephen J. Small, Esq. and Joseph Fitzsimons Texas Agricultural Land Trust (TALT) The mission of the Texas Agricultural Land Trust is
More informationWhat Were They Thinking?!
What Were They Thinking?! Making Sense of Idiosyncratic Language in Title Instruments M. Ryan Kirby & Vy Tina Huynh What Were They Thinking?! Making Sense of Idiosyncratic Language in Title Instruments
More informationCost-Free Royalties --- Where Valuation Begins and Post-Production Cost Deductions End
Cost-Free Royalties --- Where Valuation Begins and Post-Production Cost Deductions End By: Celia C. Flowers and Melanie S. Reyes Texas jurisprudence has long held that the royalty stick of the mineral
More informationTEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-15-00051-CV Trent Lindig, Appellant v. Pleasant Hill Rocky Community Club, Appellee FROM THE DISTRICT COURT OF BLANCO COUNTY, 33RD JUDICIAL DISTRICT
More information[Cite as Maggiore v. Kovach, 101 Ohio St.3d 184, 2004-Ohio-722.]
[Cite as Maggiore v. Kovach, 101 Ohio St.3d 184, 2004-Ohio-722.] MAGGIORE, APPELLEE, v. KOVACH, D.B.A. ALL TUNE & LUBE, APPELLANT. [Cite as Maggiore v. Kovach, 101 Ohio St.3d 184, 2004-Ohio-722.] Landlords
More informationSTATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT JACQUELINE GRANGER AS INDEPENDENT ADMINSTRATRIX OF THE ESTATE OF JUSTIN BOUDREAUX **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 07-1392 JACQUELINE GRANGER AS INDEPENDENT ADMINSTRATRIX OF THE ESTATE OF JUSTIN BOUDREAUX VERSUS TRI-TECH, LLC ********** APPEAL FROM THE THIRTY-FIRST
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA International Development : Corporation, : Appellant : : v. : No. 1805 C.D. 2010 : Argued: June 6, 2011 Sherwood B. Davidge and Calvery : Crary, their heirs, executors,
More informationOctober 8, APPEARANCES: For Complainant Woolsey Well Service, L.P. and J & C Operating Co. Dick Marshall Rick Woolsey PROPOSAL FOR DECISION
OIL AND GAS DOCKET NO. 09-0249222 COMMISSION CALLED HEARING ON THE COMPLAINT OF WOOLSEY WELL SERVICE, L.P. AND J & C OPERATING CO. REGARDING THE VALIDITY OF THE PERMITS ISSUED FOR RSK-STAR LEASE, WELL
More informationOPINION. No CV. Tomas ZUNIGA and Berlinda A. Zuniga, Appellants. Margaret L. VELASQUEZ, Appellee
OPINION No. Tomas ZUNIGA and Berlinda A. Zuniga, Appellants v. Margaret L. VELASQUEZ, Appellee From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2005-CI-16979 Honorable David A.
More informationCASE LAW UPDATE. WILLIAM B. BURFORD Kelly Hart & Hallman LLP Post Office Box 3580 Midland, Texas 79702
CASE LAW UPDATE WILLIAM B. BURFORD Kelly Hart & Hallman LLP Post Office Box 3580 Midland, Texas 79702 Permian Basin Landmen s Association Monthly Meeting November 8, 2016 Midland, Texas TABLE OF CONTENTS
More informationHoover Tree Farm v. Goodrich Petroleum
Journal of Civil Law Studies Volume 6 Number 1 Summer 2013 Article 15 8-15-2013 Hoover Tree Farm v. Goodrich Petroleum Marion P. Roy III Follow this and additional works at: http://digitalcommons.law.lsu.edu/jcls
More informationWIND LAW. Wind Energy Seminar Wednesday, February 22, Severance of Wind Rights
WIND LAW Wind Energy Seminar Wednesday, February 22, 2012 Severance of Wind Rights Steven K. DeWolf sdewolf@bd-law.com & Rod E. Wetsel wetsel@wetsel-carmichael.com Office Hours: Wednesdays 2:00 to 3:30
More informationFebruary 25, Midstream Agreements in Bankruptcy Storm Clouds Gathering
February 25, 2016 Midstream Agreements in Bankruptcy Storm Clouds Gathering TALENT. TEAMWORK. RESULTS. Webinar Presenters Duston McFaul Partner dmcfaul@sidley.com +1 713 495 4516 Glenn Pinkerton Partner
More informationELEMENTS OF REAL PROPERTY
ELEMENTS OF REAL PROPERTY Real property consists of: Land: including the soil on the surface of the earth, all of the water, minerals, oil, and gas contained on or below the surface, and most of the airspace
More informationThe Perils of Quitclaims
The Perils of Quitclaims Co-Authored by H. Martin Gibson Locke Lord LLP 600 Congress Street, Suite 2200 Austin, Texas 78701 mgibson@lockelord.com Telephone No. 512.305.4743 George A. Snell III Snell Law
More informationA Deep Dive into Easements
A Deep Dive into Easements Diane B. Davies, John A. Lovett, James C. Smith I. Introduction Easements are ubiquitous in the United States. They serve an invaluable function. They allow persons and property
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS LAKE FOREST PARTNERS 2, INC., Petitioner-Appellant, FOR PUBLICATION June 6, 2006 9:05 a.m. v No. 257417 Tax Tribunal DEPARTMENT OF TREASURY, LC No. 00-292089 Respondent-Appellee.
More informationTop 10 Texas Oil and Gas Cases in the first 10 months of 2017
Top 10 Texas Oil and Gas Cases in the first 10 months of 2017 By Chance K. Decker and Ryan Sears This article discusses significant oil and gas decisions from state courts in Texas during the first 10
More informationEXAM SPECIFICATIONS FOR REAL ESTATE LAW
EXAM SPECIFICATIONS FOR REAL ESTATE LAW PURPOSE OF THE EXAM. The purpose of the certification exam is to require an applicant to demonstrate substantial knowledge of significant legal concepts and corresponding
More informationOil and Gas Effect of Entirety Clauses on Grantees Taking under Deeds Subject to Lease
Nebraska Law Review Volume 34 Issue 4 Article 12 1955 Oil and Gas Effect of Entirety Clauses on Grantees Taking under Deeds Subject to Lease Allan J. Garfinkle University of Nebraska College of Law Follow
More informationCOURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS DEBORAH J. GREER, DIANA ELIZABETH MACY, MARVIN GREER, JR. AND MAP2004, LLC D/B/A MAP2004-OK, WOLF BONE RANCH PARTNERS LLC, SAPPHIRE ROYALTIES, INC.,
More informationIN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT JACKSON COUNTY
[Cite as Watson v. Neff, 2009-Ohio-2062.] IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT JACKSON COUNTY Jeffrey S. Watson, Trustee, : : Plaintiff-Appellant, : : Case No. 08CA12 v. : : DECISION
More informationReview of the Typical California Oil & Gas Lease with a focus on Essential, Defensive and Administrative Clauses and Keeping Your Lease Alive
Review of the Typical California Oil & Gas Lease with a focus on Essential, Defensive and Administrative Clauses and Keeping Your Lease Alive Michael N. Mills Thomas A. Henry Michael J. Sherman Juliet
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS LON R. JACKSON, Plaintiff-Appellant, UNPUBLISHED June 27, 2006 and DORIS A. JACKSON, LAWRENCE ORTEL, KAREN ORTEL, ASTRID HELEOTIS, and DREW PESLAR, Plaintiffs/Counter-Defendants-
More informationP.F. WOOD, APPELLANT, V. C. MANDRILLA, RESPONDENT. SAC. NO SUPREME COURT
Supreme Court of California,Department Two. 167 Cal. 607 {Cal. 1914) WOOD V. MANDRILLA P.F. WOOD, APPELLANT, V. C. MANDRILLA, RESPONDENT. SAC. NO. 2089. SUPREME COURT OF CALIFORNIA,DEPARTMENT TWO. APRIL
More informationLitigating Exclusive Use Clauses in Shopping Centers. Advanced Commercial Leasing Institute. By: Kenneth M. Krock Haynes and Boone, LLP
Litigating Exclusive Use Clauses in Shopping Centers Advanced Commercial Leasing Institute Georgetown University Law Center April 1-3, 2009 Prepared in connection with the program: How Exclusive is Exclusive?:
More informationIN THE UNITED STATES COURT OF APPEALS
Case: 16-20507 Document: 00514362939 Page: 1 Date Filed: 02/26/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 26, 2018 Lyle
More informationOil & Gas Law Chapter 6: Implied Covenants
Presentation: Oil & Gas Law Chapter 6: Implied Covenants Professors Wells October 19, 2016 Overview: Covenants versus Conditions It is essential to understand the difference between the two in an oil and
More informationCase 4:12-cv Document 7-5 Filed in TXSD on 10/24/12 Page 1 of 8
Case 4:12-cv-02922 Document 7-5 Filed in TXSD on 10/24/12 Page 1 of 8 EXPLORATION AND DEVELOPMENT AGREEMENT Leon, Robertson, Houston, Cherokee, Madison, Anderson, Angelina, Nacogdoches, Shelby, San Augustine,
More informationIN THE SUPREME COURT OF TEXAS
IN THE SUPREME COURT OF TEXAS 444444444444 NO. 16-0353 444444444444 BENEDICT G. WENSKE AND ELIZABETH WENSKE, PETITIONERS, v. STEVE EALY AND DEBORAH EALY, RESPONDENTS 4444444444444444444444444444444444444444444444444444
More informationPRESENT: Lemons, Goodwyn, Millette, Mims, and Powell, JJ., and Russell and Koontz, S.JJ.
PRESENT: Lemons, Goodwyn, Millette, Mims, and Powell, JJ., and Russell and Koontz, S.JJ. SWORDS CREEK LAND PARTNERSHIP OPINION BY v. Record No. 131590 SENIOR JUSTICE CHARLES S. RUSSELL September 12, 2014
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PAUL MARINO and LINDA MARINO, Plaintiffs-Appellants, UNPUBLISHED June 19, 2001 v No. 215764 Wayne Circuit Court GRAYHAVEN ESTATES LTD., LLC, LC No. 98-813922-CH GRAYHAVEN-LENOX
More informationNO CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS
NO. 12-11-00281-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS CROWN PINE TIMBER 1, L.P., APPEAL FROM THE 1ST APPELLANT V. JUDICIAL DISTRICT COURT SAMMY DURRETT, APPELLEE SABINE
More informationSPECIAL ISSUES WHEN DEVELOPING ON NATIVE AMERICAN LAND. Nancy J. Appleby, Esq.
SPECIAL ISSUES WHEN DEVELOPING ON NATIVE AMERICAN LAND Nancy J. Appleby, Esq. nancy@applebylawpllc.com Appleby Law PLLC 333 North Fairfax Street, Suite 302 Alexandria, VA 22314 www.applebylawpllc.com Hospitality
More informationv No Otsego Circuit Court
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S BERNARD C. SWARTZ DECLARATION OF TRUST DATED FEBRUARY 25, 2009, UNPUBLISHED February 20, 2018 Plaintiff-Appellant, v No. 335470 Otsego Circuit
More informationProperty, Servitudes/Easements- pp November 6, 2006 Crusto s Socratic Dialogue. 1. Please provide an Analytical Overview of the Topic.
Property, Servitudes/Easements- pp. 667-677 November 6, 2006 Crusto s Socratic Dialogue 1. Please provide an Analytical Overview of the Topic. This is the last topic we will cover for the semester: the
More informationSubject to Uncertainty: A Case of Ignored Intent Wenske v. Ealy
Oil and Gas, Natural Resources, and Energy Journal Volume 4 Number 1 May 2018 Subject to Uncertainty: A Case of Ignored Intent Wenske v. Ealy Kaleb R. Smith Follow this and additional works at: https://digitalcommons.law.ou.edu/onej
More informationThis matter is before the Court upon motion of the Plaintiff for summary judgment. FACTS
IN THE COURT OF COMMON PLEAS NOW F COUNT Y'OH'V*' NOBLE, OHIO 2013 FEB -6 AH 9: 53 T A M M Y L D I C K S O N, E T A L ^ o a, j / ) S & : «j P l a i n t i f f C A S E U o ' M O ^ V ' ^ ^ VS CHESAPEAKE ACE
More informationTitle: Date: Location: Program: Sponsor: Duration:
Title: Date: Location: Program: Sponsor: Duration: OIL AND GAS ISSUES OF INTEREST TO THE AGRICULTURAL LAWVER October 28, 2011 Manhattan, Kansas 8 th Annual Agricultural Law Update Kansas Bar Association
More informationIN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE Submitted on Briefs August 4, 2009
IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE Submitted on Briefs August 4, 2009 JOHNNY R. PHILLIPS v. KY-TENN OIL, INC. Appeal from the Chancery Court for Scott County No. 9709 Billy Joe White, Chancellor
More informationMAZUREK & HOLLIDAY 2017 TEXAS OIL AND GAS CASE LAW UPDATE
MAZUREK & HOLLIDAY 2017 TEXAS OIL AND GAS CASE LAW UPDATE MAZUREK & HOLLIDAY STANDS FOR MORE. Mazurek & Holliday P.C. is more than just a law firm. We ve been in your shoes and understand your business.
More informationPERMISSIVE LAND USE AGREEMENT
After recording return to: Richard B. Shattuck Attorney at Law 4102 NW Anderson Hill Road Silverdale, Washington 98383 PERMISSIVE LAND USE AGREEMENT Reference #: Grantor(s): Grantee(s): Legal Description:
More informationCase 1:01-cv BLW Document Filed 01/18/11 Page 120 of 152 EXHIBIT I ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
Case 1:01-cv-00286-BLW Document 202-2 Filed 01/18/11 Page 120 of 152 EXHIBIT I DENNIS KOYLE, CHARLES K. TURNER, and the CARAVELLE CORPORATION, INC. on behalf of themselves and all others similarly situated,
More informationNOTICE (The New Texas Title Standards) George A. Snell Steptoe & Johnson PLLC The Woodlands, TX
NOTICE (The New Texas Title Standards) George A. Snell Steptoe & Johnson PLLC The Woodlands, TX TS 4.40. Notice Recording System STANDARD Because Texas has a notice recordation statute, an examiner should
More informationThe End of the Tour. Gerald Walrath Kirby, Mathews & Walrath, PLLC
The End of the Tour Gerald Walrath Kirby, Mathews & Walrath, PLLC Drill Baby Drill! The beginning of your project The middle of your project RETAINED ACREAGE PROVISIONS Or how I was Wilson Phillipsed into
More informationAttendees of the 31 st Annual NARO Convention, Long Beach, California, October 20-22, 2011
To: Attendees of the 31 st Annual NARO Convention, Long Beach, California, October 20-22, 2011 I ve spent the better part of the past decade in lawsuits against large oil companies. Most of our disputes
More informationWell Site Operations & Surface Damages: Assessing Lieabilities and Calculating Damages
University of Arkansas, Fayetteville ScholarWorks@UARK Annual of the Arkansas Natural Resources Law Institute School of Law 3-1990 Well Site Operations & Surface Damages: Assessing Lieabilities and Calculating
More informationTITLE MATTERS AFFECTING PARTIES IN POSSESSION: ADVERSE POSSESSION, AFTER-ACQUIRED TITLE, & THE RULE AGAINST PERPETUITIES
TITLE MATTERS AFFECTING PARTIES IN POSSESSION: ADVERSE POSSESSION, AFTER-ACQUIRED TITLE, & THE RULE AGAINST PERPETUITIES BY DONALD G. SINEX SCOTT C. PETRY SUSAN A. STANTON TABLE OF CONTENTS INTRODUCTION..
More information2018 This paper and/or presentation provides information on general legal issues. It is not intended to provide advice on any specific legal matter
2018 This paper and/or presentation provides information on general legal issues. It is not intended to provide advice on any specific legal matter or factual situation, and should not be construed as
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Case: 14-20678 Document: 00513136366 Page: 1 Date Filed: 07/30/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Summary Calendar DAVID D. ERICSON; ROSEMARY ERICSON, Plaintiffs Appellants,
More informationIN THE COURT OF APPEALS OF TENNESSEE AT JACKSON February 25, 2000 Session
IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON February 25, 2000 Session TERESA P. CONSTANTINO AND LILA MAE WILLIAMS v. CHARLIE W. WILLIAMS AND GLENDA E. WILLIAMS. An Appeal as of Right from the Chancery
More informationThe Institute for Energy Law TEXAS MINERAL TITLE COURSE May 2-3, 2013 Houston, Texas
The Institute for Energy Law TEXAS MINERAL TITLE COURSE May 2-3, 2013 Houston, Texas IRREGULAR OWNERS UNLEASED, NONPARTICIPATING, UNPOOLED, OR UNCERTAIN OWNERS AND HOW TO MANAGE THE ISSUES Richard F. Brown
More informationCadastral Data Content Standard - Rights and Interests
Background Concepts Rights and Interests - Regulations and Restrictions In the Cadastral Data Content Standard Version 2 - June 30, 2014 A review of the content and background Nancy von Meyer Rights and
More informationParty Walls. Institutional Repository. University of Miami Law School. Mark S. Berman. University of Miami Law Review
University of Miami Law School Institutional Repository University of Miami Law Review 7-1-1971 Party Walls Mark S. Berman Follow this and additional works at: http://repository.law.miami.edu/umlr Recommended
More informationLand and Regulatory Issues Related to Horizontal Wells
Land and Regulatory Issues Related to Horizontal Wells TEXAS MINERAL TITLE COURSE INSTITUTE FOR ENERGY LAW THE CENTER FOR AMERICAN AND INTERNATIONAL LAW H. PHILIP (FLIP) WHITWORTH MAY 2 3, 2013 HOUSTON,
More information