Clifton v. Johnson: The Texas Supreme Court Puts Some Guardrails on Van Dyke
The Texas Supreme Court's Clifton v. Johnson decision delivers the clearest guidance yet on when the Van Dyke floating royalty presumption can be overcome.
Producer’s Edge
TEXAS OIL AND GAS LAW BULLETIN
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The Texas Business Court Continues to Stress the Importance of Properly Pleading Facts to Support Your Cause of Action
The Texas Business Court's latest opinion in Enosis Investments v. Jensen delivers another clear message: insufficient pleading will sink your case — before it ever reaches trial.
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.
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.
Twelve Lessor/Lessee Issues to Consider When Navigating the “New Normal”
Operators across the nation are scrutinizing their leases in a wide-spread effort to navigate historic low oil prices, takeaway curtailment, storage shortages, issues introduced by the COVID-19 pandemic, and a host of associated issues. These circumstances present a variety of complex lease maintenance issues. Most leases obtained during the shale...
Producer's Edge: Volume 2, Issue 2
McGinnis Lochridge’s Oil & Gas Newsletter: Producer’s Edge keeps clients informed about Texas oil and gas case law, regulatory updates, and insightful articles relevant to the oil and gas community. In this edition, we present several insightful articles, including articles covering lessor/lessee issues to consider when navigating...
Acknowledgment of Record Title Held Not to Defeat Adverse Possession Claim
In this leasehold adverse possession case, the Fort Worth Court of Appeals held that an acknowledgement of the record title holder’s title by an adverse possessor will not defeat an adverse possession claim if the limitations clock had already run out before the acknowledgement occurred.
Heirs Estopped From Claiming Interests Reserved in 1989 Warranty Deed
In this case, the Corpus Christi Court of Appeals held that, when grantors of a 1989 warranty deed signed division orders and accepted royalty payments consistent with treatment of...
Devise of “Personal Effects” In A Will Held Not to Include Mineral Interests
In this case, the Eastland Court of Appeals held that a devise of “personal effects” in a will did not include special mineral interests.
Texas Supreme Court Cases to Watch in 2020
The trial court’s judgment, affirmed by the San Antonio Court of Appeals, held that the plaintiffs were contingent remaindermen of certain mineral interests.
