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
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.
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.
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.
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.
Purchase and sale transactions often progress through several stages of instruments, like layers of an onion, before they reach the final definitive purchase agreement, and perhaps even more layers before they reach the final assignment and post-closing items.
A security interest, under Texas’ version of the Uniform Commercial Code (the “Texas UCC”), is an interest in personal property or fixtures which secures payment or performance of an obligation. Real property is not subject to the Texas UCC.
Following the Texas Supreme Court’s ruling in Van Dyke v. Navigator Group that courts interpreting “antiquated instruments” that use 1/8 within a double fraction must begin with the rebuttable presumption that 1/8 refers to the entire mineral estate, Texas courts have wrestled with its implications.
In this recent case (Patch Energy LLC v. Indio Minerals LLC, No. 11-22-00280-CV, 2024 WL 4845955 [Tex. App.—Eastland Nov. 21, 2024, no pet. h.]), competing mineral purchasers claimed superior title to a royalty interest in Midland County, Texas that had been reserved in a 1930 mineral conveyance.
Producer’s Edge, Volume 6, Issue 2, brings you regulatory developments, and industry trends tailored for the oil and gas sector.
We're excited to announce the launch of ProducersEdge.law, our new consolidated digital platform that brings together the best of McGinnis Lochridge's oil and gas law publications. This new website combines the content you've come to trust from both our print newsletter (Producers Edge)...