Royalty Recoupment: Operator's Primer for Recovering Overpayments
For oil and gas operators, few things are more frustrating than discovering you may have been overpaying royalties to a person or entity in your paydeck.
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Reservation in Favor of Stranger Held Void; Estoppel-By-Deed Theory Not Supported by Evidence
Armour Pipe Line v. Sandel Energy, 2022 Tex.App.LEXIS 7265 (Houston [14th Dist.] 2022, no pet. In this case, the 14th District Court of Appeals in Houston held that a purported reservation in favor of a stranger of title was void, and rejected the stranger’s argument that the...
Assignment’s Definition of “Assets” Held Broad Enough to Include Lease Not Described
A winning strategy in an assignment interpretation case often involves finding a persuasive harmonization between the form of assignment and the exhibit containing property descriptions.
Exculpatory Clause Held Not to Cover Liabilities Knowingly Incurred Without Consent
Exculpatory provisions are important considerations in JOAs. They can provide protection from certain claims and liabilities as an inducement to serve as the operator.
SCOTX Reviews Force Majeure Issues in Continuous Development Case
In the wake of COVID and Winter Storm URI, the phrase “force majeure” has practically become a household term. But handling a force majeure dispute is not for the wary, as a variety of issues and complications can arise.
SCOTX Holds Unique Royalty Language Created "Proceeds Plus" Royalty Base
In this case, the Texas Supreme Court reviewed a “bespoke” oil and gas lease, and held that its “unique,” “unusual,” and “broad lease language” provided for a “proceeds plus” royalty base.