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.
Producer’s Edge
TEXAS OIL AND GAS LAW BULLETIN
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Supreme Court of Texas Washes Out the “Anadarko Washout”
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.
Plain Language Meets Common Sense: Hidden Traps in Oil Patch Contract Interpretation
What happens when a court reads your contract literally for one issue but decides what 'makes sense' for another? A geophysicist just found out.
Unclear Jury Instructions Allow for Various Interpretations
Lario Oil & Gas Co. v. Black Hawk Energy Services, Ltd. highlights the importance of carefully drafting jury instructions and questions.
Texas Business Court Weighs Jurisdiction over Out-of-State Property Interests
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.
Are Statute of Limitations Battles Becoming the New Frontline in Water Injection Cases?
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.
How Do Texas Courts Measure Contractual Periods?
How do Texas Courts measure contractual time periods? The answer can have a big impact on compliance and potential damages. In this Texas oil and gas case law update, we discuss the Texas Supreme Court's recent decision in Apache v. Apollo
SCOTX Adopts New Rebuttable Presumption Governing Double-Fraction Deed Cases
In this landmark case, the Texas Supreme Court reaffirmed its recognition of the so-called “estate misconception theory,” and created a new rebuttable presumption governing so-called “double fraction” deed interpretation cases.
SCOTX Clarifies Burlington Post-Production Royalty Opinion
On February 4, 2022, the Texas Supreme Court issued an opinion holding that, based on the terms of the instrument at issue, including use of the phrase “delivered to Grantor’s credit, free of cost in the pipe line,” BlueStone was permitted to reduce the royalty base to account for...
Lease Termination Case turns on meaning of "Leased Premises"
This article is from the McGinnis Lochridge Oil & Gas newsletter, Producer’s Edge – Vol. 4, Issue 1. Read the full newsletter here. In King Operating Corp. v. Double Eagle Andrews, LLC, the Eastland Court of Appeals was required to determine the superior ownership to between two lessee with competing...
Producer’s Edge: Interpretation of Separate Lease Clause Leads to Lease Termination
In Tier 1 Resources Partners v. Delaware Basin Resources, LLC, the El Paso Court of Appeals held that a lease covering two 640-acre sections of land terminated as to one 640-section at the end of the lease’s primary term.
Emerging Issues in the Use and Disposal of Water
Oil and gas exploration involves a lot of water. A recent study commissioned by the Texas Water Development Board predicts that the oil and gas industry’s demand for water in exploration, development, and extraction operations will continue rising through at least the year 2030.
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