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
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.
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.
A Texas court held that an assignment of overriding royalty interests covering “all depths” was not limited to a specific formation, rejecting the argument that references to a unit agreement implied vertical limits on the conveyed interests.
Under Van Dyke, deeds with double-fraction royalty reservations referencing “1/8” are presumed to reserve a floating royalty interest unless clearly contradicted. Defenses like waiver, ratification, and limitations cannot override the deed’s unambiguous language or its historical conduct.
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.
In this mandamus proceeding, the court ordered venue transfer to Irion County, Texas, ruling the suit involved damages to real property under Texas Civil Practice and Remedies Code §15.011. M3P Directional Services, Ltd. challenged the trial court’s denial, asserting mandatory venue in Irion County.
Lario Oil & Gas Co. v. Black Hawk Energy Services, Ltd. highlights the importance of carefully drafting jury instructions and questions.
The storm that nearly broke Texas wasn't enough to excuse Kinder Morgan's $100 million breach. What was missing from their defense?