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
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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.
N.D. Supreme Court Discusses Duty Owed by Field Landmen and Compensation for Lease Acquisition
On September 21, 2015, the North Dakota Supreme Court issued its opinion in Border Res., LLC v. Irish Oil & Gas, Inc., – N.W.2d -—, 2015 WL 5519421, 2015 ND 238 (N.D. 2015), where it reviewed two primary issues: (1) whether a field land services company owed a...
Texas Supreme Court to Determine Whether Accommodation Doctrine Applies to Severed Groundwater Estate
The Texas Supreme Court recently granted Coyote Lake Ranch's petition to review an opinion by the Amarillo Court of Appeals in Lubbock v. Coyote Lake Ranch, holding that the "Accommodation Doctrine" does not apply to the relationship between a surface owner and the owner of a...
Case Law Update: ConocoPhillips Must Release 15K Acres
Texas Case Law Update: On August 5, 2015, the San Antonio Court of Appeals released its opinion in ConocoPhillips Company v. Vaquillas Unproven Minerals, Ltd., (( No. 04-15-00066-CV (San Antonio – August 5, 2015). )) affirming the trial court’s order declaring ConocoPhillips breached two oil and gas leases in Webb County by...
Anderson v. Dominion - JOA AMI, Pref Right, Contract Area and Term
In Anderson Energy Corp. v. Dominion Oklahoma Texas Exploration & Prod., Inc., (( 04-14-00170-CV, 2015 WL 3956212 (Tex. App.—San Antonio June 30, 2015, no. pet. h.) )) the San Antonio Court of Appeals answered the following questions involving a 1977 AAPL JOA, with a printed Pref Right, and a typewritten AMI:...
TX Supreme Court: Chesapeake May Not Deduct Post-production Costs from Overriding Royalty
In a 5-4 decision, the Texas Supreme Court issued its opinion in Chesapeake Exploration, L.L.C. v. Hyder, 14-0302, 2015 WL 3653446 (Tex. June 12, 2015), holding that Chesapeake is prohibited from deducting postproduction costs from an “overriding royalty interest” described in a lease. The Majority noted that while...
Anatomy of a Joint Operating Agreement
In Introduction to Joint Operating Agreements, we reviewed several of the critical roles a JOA can play within the oil and gas industry. One of the first steps to understanding the JOA is to understand the anatomy of its several components. The AAPL Joint Operating Agreement is organized into the...
