Let’s talk title disputes, especially ones between those with record title and those claiming title by possession:
The question in Graham v. Prochaska: Did the grantors in a 1950 Texas warranty deed reserve a “floating” 1/2 royalty interest or a “fixed” 1/16th royalty?
The Deed
At issue were three provisions:
If you examine titles or read title opinions, this post is for you.
I was recently examining instruments for an East Texas title opinion when I came across an instrument that, at first glance, appeared to be an easement. Scanning the document, I saw the phrases “right of way” and “road”—leading
As promised in our last post, here is a state-by-state review of the Duhig Rule – who has adpoted it, who hasn’t, and who might.
Texas – Duhig v. Peavey Moore Lumber Company, 135 Tex. 503, 144 S.W.2d 878 (1940) was a Texas case. As a result, producing states have
Johnson v. Finkle, from North Dakota, centers around the long-standing but oft-forgotten headache that is the Duhig doctrine. If you aren’t familiar, you should be. Here it is:
The Rule
“Where a grantor conveys land in such a manner as to include 100% of the minerals, and then reserves to
Lawyers and landmen are taught that a document affecting real or immovable property not recorded in the public records means nothing to a stranger. Like O. J.’s quest for the real killer, lower premiums after the Patient Protection and Affordable Care Act, and the present I would have given my wife except I forgot our
Occasionally in my litigation experience I’m reminded of time-honored rules of law. Often I’m pleased, sometimes I’m not. So it was, I assume, for the parties in Midnight rilling, LLC v. Triche et al .The Rules
In Louisiana
Comparative Title Analysis in Texas, North Dakota and Montana co-authored by Katie English and Taylor Lamb
The Title Question
Harold Smith, the owner of Blackacre, and his wife, Wendy Smith, execute a deed covering all of their interest in Blackacre to Tiger Drilling. The deed reserves to Harold and Wendy a 50% mineral interest. Does
Comparative Title Analysis in Texas, North Dakota and Montana. Co-authored by Katie English and Taylor Lamb
The Title Question
Your title examiner often encounters a conveyance to an individual “as Trustee” with no Trust specified in the instrument. For example, the Mineral Deed conveys all right, title and interest in Blackacre to “Harold Smith, Trustee,”
Most of the time, if you read Stroud et al v. Hosford et al. even Hamilton Burger might have won on these facts. But when a lease subject to an override is terminated and replaced by another, Texas cases usually end up against the overriding royalty owner.
The Holding:
The court agreed with the jury