Post-Van Dyke Litigation Roundup
The legacy doctrine recognizes that during the “era” in which the deed in question was executed, “‘1/8’ was widely used as a term of art to refer to the total mineral estate.”
The legacy doctrine recognizes that during the “era” in which the deed in question was executed, “‘1/8’ was widely used as a term of art to refer to the total mineral estate.”
The current answer to this question is no. In R.R. Comm’n of Tex. v. Opiela, the Austin Court of Appeals concluded that PSA/allocation wells are not the same as pooling under Texas law.