Mazurek, Belden & Burke, P.C. – Blog
WHEN DOES 1/2 MEAN THE WHOLE THING?: THE TEXAS SUPERME COURT’S APPLICATION OF THE ESTATE MISCONCEPTION THEORY
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
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...
IN TEXAS, CAN A COTENANT GRANT AN EASEMENT OR RIGHT OF WAY WITHOUT THE AGREEMENT OF THE OTHER COTENANTS?
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...
HOW DO I DETERMINE AN EASEMENT FROM A FEE CONVEYANCE?
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?
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
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.
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...
PROPERTY DESCRIPTION REQUIREMENTS IN TEXAS
What is the difference between a lengthy metes and bounds property description, and a simple reference to a prior deed filed of record? Why does one property description take two pages, describing the length of each boundary, while other property descriptions are only...
CAN A WILL BE ADMITTED TO PROBATE AFTER 4 YEARS?
A Will, by itself, is not effective to convey title, possession, or interest in property. A Will must first be admitted to probate. Generally, under Texas law, a Will must be admitted to probate within 4 years of a person’s death. This process is known as “probating a...