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Ambiguity Foils Right of Way Agreement

By Charles Sartain on April 28, 2021
Posted in Contract Disputes, Title Issues
Co-author Brittany Blakey

The central issue in the Texas case of Cook v. Cimarex Energy Co.: Did Cook grant Cimarex a right of way across Cook’s land to the location of two Cimarex wells. No he didn’t. Reversing the trial court, the court of appeals concluded that two Contracts of Release were ambiguous. Neither…

Title Troubles in Texas, North Dakota and Montana: Right of Way v. Fee Conveyance

By Charles Sartain on January 31, 2014
Posted in Land Titles, Title Issues

If you examine titles or read title opinions, this post is for you.

By Taylor Grove Lamb

 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…

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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