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.
Texas court: Pipeline assignment without written consent was 'void,' destroying entire chain of title and $2.5M judgment. One broken link meant all downstream transfers fail.
Mineral owners are often subject to general oil and gas lease forms that include provisions benefitting the surface estate. But, when they own no interest in the surface, who, if anyone, has the right to enforce those provisions?
The Texas Supreme Court ruled that ratifying a lease doesn't change a fixed NPRI to a floating one. However, a subsequent stipulation between parties can modify the NPRI, rejecting the argument that an unambiguous deed cannot be altered by a later stipulation.
Winter Storm Uri sent shockwaves through Texas, freezing gas supplies at a time of critical need and plunging the state into widespread power outages. In the aftermath, the courts have been flooded with force majeure claims, many of them hinging on widely used contracts like the NAESB model form.
In a watershed ruling, the El Paso Court of Appeals extends "waste" liability under the Nat. Res. Code to commercial disposal well operator—potentially increasing exposure for this critical wastewater industry—while preserving the reasonably prudent operator defense.
Assignments of oil and gas leases often consist of broad and abstract granting clause in the body, which then points to an exhibit for a listing of the specific interests being assigned, and it is not uncommon for...