Easements Without a Specified Width Cannot Be Rewritten to Add a Fixed Width
What happens when your easement says nothing about width? A Texas court just weighed in after a landowner tried to set one.
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All Depths or Just One Formation? Court Clarifies Royalty Conveyance in Rock River v. Pioneer
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.
Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption
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.
Can "Free of Cost" Term Achieve Point-of-Sale Royalty Base?
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.
Proving and Establishing Mandatory Venue
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.
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.