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WHEN DOES 1/2 MEAN THE WHOLE THING?: THE TEXAS SUPERME COURT’S APPLICATION OF THE ESTATE MISCONCEPTION THEORY

WHEN DOES 1/2 MEAN THE WHOLE THING?: THE TEXAS SUPERME COURT’S APPLICATION OF THE ESTATE MISCONCEPTION THEORY

by Benjamin Shaver | Dec 21, 2023 | blog, Energy Regulatory & Compliance, Oil and Gas

February of 2023, the Texas Supreme Court issued its decision in Van Dyke v. Navigator Group[1]  in which they addressed the meaning of a disputed mineral reservation in a 1924 Deed and its creation of a “double-fraction dilemma”. The 1924 deed provided: It is...
PSA/ALLOCATION WELLS – RRC V. OPIELA

PSA/ALLOCATION WELLS – RRC V. OPIELA

by Billy Burke | Oct 12, 2023 | blog, Energy Regulatory & Compliance, Oil and Gas

On Friday, June 30, 2023, the Third Court of Appeals in Austin issued its opinion in Railroad Commission of Texas, et al. v. Opiela.  The appeal was lodged by the Railroad Commission of Texas (“RRC”) and Magnolia Oil & Gas Operating, LLC (“Magnolia”) after the...
PSA/ALLOCATION WELLS – RRC V. OPIELA

HOW DO I DETERMINE AN EASEMENT FROM A FEE CONVEYANCE?

by Billy Burke | Oct 10, 2023 | blog, Oil and Gas, Real Estate

Under Texas law, a Deed which conveys a tract or strip of land conveys the title to the land in fee. “Fee” is the short form of a fancy legal term “fee simple” which Black’s Law Dictionary defines as an interest in land […] being the broadest property interest allowed...
WHEN DOES 1/2 MEAN THE WHOLE THING?: THE TEXAS SUPERME COURT’S APPLICATION OF THE ESTATE MISCONCEPTION THEORY

WHAT IS THE STRIP-AND-GORE DOCTRINE AND HOW DOES IT HELP DETERMINE OWNERSHIP OF A ROAD?

by Benjamin Shaver | Oct 9, 2023 | blog, Oil and Gas, Real Estate

Texas is the second largest state in the United States of America, covering roughly 268,596 square miles with numerous roadways, easements, and highways. Texas is also a leading oil and gas producer and within such a large state, chances are that oil and gas activity...
RECORDING STATUTES IN TEXAS

RECORDING STATUTES IN TEXAS

by Tiffany Sandheinrich | Oct 8, 2023 | blog, Oil and Gas, Title Insurance & Closing Services

O conveys Blackacre to A for value, but A does not record the deed.  Thereafter, O conveys Blackacre, to B for value.  B, without knowledge of the prior conveyance to A, promptly records his deed in the local county records.  O has skipped town and is nowhere to be...

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