26-Step Mechanical Framework For Interpreting Deeds?
Texas courts reject "mechanical" deed interpretation while creating a 28-step framework. Bush v. Yarborough reveals the irony of structured analysis disguised as flexible law.
Austin Brister
Austin represents Texas operators and non-operators in complex issues and disputes. He seeks practical solutions to avoid litigation, but adopts aggressive courtroom strategies when necessary.
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When Contract Language Costs Millions: Court Strikes Down Post-Closing Assignment 'Corrections'
Can one word in a contract cost millions? A Texas oil company just discovered what happens when 'may' doesn't mean 'must' in their royalty assignments.
Who Owns the Empty Space? Texas Supreme Court Affirms Surface Ownership of Salt Caverns in Landmark Ruling
Who owns the void left behind after millions of tons of salt are mined - and can it be used for someone else’s storage business? The Texas Supreme Court just drew the line.
Easements Without a Specified Width Cannot Be Rewritten to Add a Fixed Width
What happens when your easement says nothing about width? A Texas court just weighed in after a landowner tried to set one.
Can "Free of Cost" Term Achieve Point-of-Sale Royalty Base?
A lessee who halts production for less than 40 days and resumes without drilling or reworking does not terminate the lease. The continuous development clause keeps the lease active, and the cessation clause allows resumed production without triggering termination.
When Does a Fixed NPRI Become Floating?
The Texas Supreme Court ruled that ratifying a lease doesn't change a fixed NPRI to a floating one. However, a subsequent stipulation between parties can modify the NPRI, rejecting the argument that an unambiguous deed cannot be altered by a later stipulation.