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Ratifications, Stipulations, and Fixed vs. Floating Royalty Interests

By Charles Sartain on February 26, 2025
Posted in Land Titles, Lease Disputes, Royalty Disputes, Title Issues

After four stops at the lower courts, Kenneth Hahn v. ConocoPhillips has been resolved by the Supreme Court of Texas. The Court opined on the effect of two instruments often used to clarify land titles in Texas:  ratifications of an oil and gas lease and stipulations of interests.  

See this post for background.

Texas Supreme Court Will Review Produced Water Case

By Charles Sartain on February 10, 2025
Posted in Contract Disputes, Land Titles, Regulations

By Stephen A. Cooney

Who owns produced water in Texas?  And what is produced water anyway – oil and gas waste and part of the mineral estate, or groundwater and part of the surface estate?  We may be closer to an answer to these questions now that the Texas Supreme Court has agreed to hear a…

Wind Farms: NIMBY Unless You Ask Permission

By Charles Sartain on January 6, 2025
Posted in Alternative Energy, Land Titles

For the Osage Indian Tribe, it’s more like “IMBY if you pay me”.  In the latest interation of United States and Osage Minerals Council v. Osage Wind LLC et al the US District Court for the Eastern District of Oklahoma awarded a judgment for damages against the defendants. Much more important was the order for…

Choice of Words Matters in an Override Assignment

By Charles Sartain on December 18, 2024
Posted in Land Titles, Title Issues

The question in Rock River Minerals, LP and Carr v. v. Pioneer Natural Resources, et al.: Did an assignment of overriding royalty interests in Texas oil and gas leases include a depth limitation? No.

To understand why, we need to study the instrument (Spoiler, see Exhibit A). Cass executed an Assignment of a 2.125%…

Texas Partition Suit Botched by Failure to Include an Owner

By Charles Sartain on October 30, 2024
Posted in Land Titles, Title Issues

When one tires of owning real estate with his co-owners, Texas law allows him the right to sue for partition of the property. In James et al v. Thornberry, 59.79 acres in Walker County, Texas, was owned by Ms. James and Ms. Warren, each with an undivided 15% interest, and Mr. Thornberry with 70%.

Misspelled Name Leads to Land Title Chaos

By Charles Sartain on October 25, 2024
Posted in Land Titles, Title Issues

Carson et al v. Winter Gordon, Junior is a reason you should not name your son after yourself. But if you insist, at least spell his name correctly.

The Gordons

Winter Gordon was born in the 19th century. His son was Winter Gordon, Junior. The court referred to him as “Father” or “Decedent”. Father had…

An Oil and Gas Receivership Ain’t Over ‘Til It’s Over

By Charles Sartain on October 18, 2024
Posted in Land Titles, Title Issues

Remnant LLC v. Permico Royalties LLC, et al determined that a 90-year-old claim to ownership of a forfeited corporation was not valid.

The players

Hoffman: By most accounts was a scoundrel and con man who plied his iniquitous trade during the Texas oil boom of the 1930’s. He was indicted for telling people he was…

How Courts Look at Fixed or Floating Royalty Disputes

By Charles Sartain on July 26, 2024
Posted in Land Titles, Royalty Disputes, Title Issues
  • To the extent
…

Supreme Court of Texas Sorts Out Complicated Assignment of Oil and Gas Leases

By Charles Sartain on June 3, 2024
Posted in Contract Disputes, Land Titles, Title Issues
  • 1st granting clause: … all right, title and interest in the … leasehold estates described in
…

Have You Recorded Your Saltwater Disposal Agreement?

By Charles Sartain on February 20, 2024
Posted in Contract Disputes, Land Titles

According to Darkhorse Water LP v. Birch Operations Inc. et al., the form of an instrument affecting real property in Texas does not affect the interest conveyed by the instrument. It’s what the document says about the transaction, not what the document calls itself. And you are reminded (because you know should this) that…

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About Charles Sartain

I have been helping clients of all types resolve their commercial disputes for most of my 35 years as a lawyer. Of the many industries in which I have worked, the energy business is the most fascinating…More

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