Way back in 2023 it was predicted that the Supreme Court of Texas’ decision in Van Dyke v. Navigator would spawn years of litigation. How right the predictions were!
Double-Fraction Royalty Disputes – the Continuing Saga Continues …
Wrong Jury Question Defeats Lessors’ Claim Under the Texas Natural Resources Code
Co-author David Pruitt
Davis v. Aethon Energy Operating LLC is more for lawyers than business people but it is worth noting. A Texas court of appeals affirmed a take-nothing judgment against lessors who sued over the lessee’s failure to provide required information on check stubs. The question asked of the jury did not match the
Texas Business Court Dissects Farmout Agreement and Assignment
Robert May et al v. Ineos USA Oil & Gas, LLC et al, could, if you are so inclined, serve as a tutorial on terms used in oil and gas transactions or, if you are further along than that, it could be your guide for negotiating and drafting farmouts.
The agreements between the plaintiffs/farmors
Husband’s Mineral Interest Deemed Separate Property
“Gambit”: A calculated move, a stratagem. An example might be to buy a mineral interest with a long and complicated title history from the incarcerated son of a deceased parent and to bet on a court favoring your characterization of the property. In Griffin Energy Law, PLLC v. Billingsley et al. the gambit failed.
The
Bare Bones Sheriff’s Deed Survives… For Now
Co-author Taylor Hall
Moore et al v. 1789 Minerals Fund I, LP, et al is another Texas decision addressing the effect of a Sheriff’s Deed after a tax foreclosure. Was the deed void for want of a sufficient property description? No, but the trial court will have to construe the document.
The facts
In
Texas Court Discusses “Subject To”
- Subordinate to, subservient to;
- A term that does not limit the scope of a conveyance but instead notifies the grantee of a right or obligation attended to the property;
- The USA is captive to the
Can My State’s Anti-Indemnity Law Trump Your Choice-of-Law Provision?
Co-author Gunner West
Yes … sometimes. In ConocoPhillips Company v. Totem Well Service, the U.S. District Court for the Southern District of Texas applied New Mexico law to an oilfield indemnity dispute, voiding the Master Service Agreement’s indemnification clause calling for Texas law to govern.
The facts
ConocoPhillips, headquartered in Texas, hired Totem, based
Can a Leaky Well Be Protected by Free Speech?
Co-author Gunner West
Yes, says Trivista Oil Company LLC v. Fort Apache Energy, Inc., Trivista sued Fort Apache for poaching its mineral lessors and obtaining top-leases in what could have been a more or less typical dispute of that nature. But a Texas court of appeals affirmed dismissal with prejudice of all claims against
Another Double-Fraction Mineral Deed: Rebutting the Presumption and the Presumed-Grant Doctrine
Several weeks ago the Supreme Court of Texas addressed the double-fraction mineral conveyance, reinforcing the “Van Dyke presumption” but not addressing how the presumption could be rebutted or the presumed-grant doctrine. Last week’s Clifton v. Johnson addresses both.
The deed and the suit
The typewritten title to a “Mineral Deed” was crossed out and “Royalty Deed”
The Saga of the Double-Fraction Mineral Conveyance Continues
Navigator Group, et al. v. Van Dyke, et al.* is the latest stopover in the journey of the double-fraction mineral conveyance through the Texas courts. The Eastland Court of Appeals rejected challenges to the Supreme Cout of Texas’ 2023 pronouncement in Van Dyke v. Navigator Group (Van Dyke II).
The history