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Charles Sartain

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A “strip” is just what it sounds like: A narrow parcel of land.  A”gore” is a strip in another form, such as a triangle or other odd-shaped parcel.  When a grantor conveys land he owns adjacent to a narrow strip that thereby ceases to be of benefit or importance to him, he also conveys the narrow strip unless he reserves the strip for himself by plain and specific language.  These random tracts can be valuable when there is oil and gas production and can be lost without careful contract drafting.

Escondido Services, LLC v. VKM Holdings, LP, Escondido Services, 321 S.W.3d 102 (Tex. App—Eastland)

Continue Reading Beware of Strips and Gores

Effective February 1, 2012, the Texas Railroad Commission implemented a new rule that will require operators and service and supply companies who disclose the chemical contents of fracking fluids.  This rule implements a statute passed in the 2011 legislative session.  The rule requires disclosure of the nature and content of additives and chemical ingredients used…

Beware of the law – and the location – you choose to resolve your contractual disputes. Choice of law and forum selection provisions are commonly used, often misunderstood, and frequently overlooked contract clauses that can significantly alter a litigant’s legal rights and remedies.

Stokes Interest, G.P. v. Santo-Pietro, 2010 WL 2929534 (Tex. App.—El Paso)

The partnership agreement said the law of California would govern disputes and a court in Beverly Hills would be the exclusive venue. The underlying asset, an oil and gas lease, was located in Reeves County, Texas. The dissatisfied partner, a Texan, understandably sought to litigate his breach of warranty, fraud and fraudulent misrepresentation claim in a Texas court. The district court and the appellate court took a look at the forum selection provision and dismissed the lawsuit, requiring the partner to pursue his claims in Bevely Hills.Continue Reading Jed Clampett Redux: The Dispute Began in Reeves County and Ended in Beverly Hills