26-Step Mechanical Framework For Interpreting Deeds?
Texas courts reject "mechanical" deed interpretation while creating a 26-step framework. Bush v. Yarborough reveals the irony of structured analysis disguised as flexible law.
Producer’s Edge
TEXAS OIL AND GAS LAW BULLETIN
Texas courts reject "mechanical" deed interpretation while creating a 26-step framework. Bush v. Yarborough reveals the irony of structured analysis disguised as flexible law.
If your co-tenant drills the well… does your lease still live? The Texas Supreme Court just tackled a high-stakes question that’s shaken up oil and gas titles across the state.
What happens when a court reads your contract literally for one issue but decides what 'makes sense' for another? A geophysicist just found out.
Lario Oil & Gas Co. v. Black Hawk Energy Services, Ltd. highlights the importance of carefully drafting jury instructions and questions.
When can a Texas court rule on New Mexico property disputes? The answer hinges on whether the property interest is 'central' or just 'incidental' to the real fight.
When your neighbor's wastewater tanks your oil wells, when exactly can you sue? A Texas court wrestles with a timing question reshaping industry battles.
The court held that approving a drilling zone on non-city land didn't violate Local Gov’t Code § 253.005(c), which only applies to municipal leases. It also found the City Council has authority under the Unified Development Code to adjust drilling zones for public welfare.
A lessee under 16 non-standard leases resumed production after a brief pause without drilling or reworking. The court held the leases didn't terminate due to the continuous development clause and interpreted the habendum clause as allowing production to resume without new operations.
A landowner’s failure to provide consent for surface use related to oil and gas operations does not necessarily preclude the lessee from conducting activities if the lease agreements allow surface use.
The Texas Supreme Court clarified that when challenging a foreclosure judgment due to a due process violation, the party must provide evidence. In this case, the Gill parties failed to prove inadequate notice, so the court upheld the statute of limitations defense.
The Railroad Commission can’t determine property rights, so its operator records don’t establish whether a lessor holds a leasehold interest or is entitled to operate under an oil and gas lease. Ownership and operational rights are property-law issues.
For oil and gas operators, few things are more frustrating than discovering you may have been overpaying royalties to a person or entity in your paydeck.