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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

IN TEXAS, CAN A COTENANT GRANT AN EASEMENT OR RIGHT OF WAY WITHOUT THE AGREEMENT OF THE OTHER COTENANTS?

by Billy Burke | Oct 11, 2023 | blog, Real Estate

To start, we should define what an easement and a cotenant are in the Lone Star State. Under Texas Law, an easement is a non-possessory interest in land that authorizes its holder to use property for a particular purpose, which is expressed within a grant. A common...
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...
WHAT IS THE STRIP-AND-GORE DOCTRINE AND HOW DOES IT HELP DETERMINE OWNERSHIP OF A ROAD?

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...
WHEN DO GIFTS LAPSE? A TEXAS GUIDE TO TEXAS ANTI-LAPSE LAW AND THE EFFECT OF RESIDUARY CLAUSES.

WHEN DO GIFTS LAPSE? A TEXAS GUIDE TO TEXAS ANTI-LAPSE LAW AND THE EFFECT OF RESIDUARY CLAUSES.

by Seth Grove | Oct 7, 2023 | blog, Estate Planning

Under current Texas law, if a person (a “Testator”) leaves a part of their estate by Will to a “lineal descendent” (a child or grandchild); or to a “descendant of a Testator’s parent” (a brother or sister), and that descendent predeceases the Testator, the gift will...
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