Davis v. COG Operating, LLC, in construing a Warranty Deed with a reservation of minerals, applied the estate-misconception doctrine and denied the presumed grant doctrine. At issue were three instruments:
Co-author Trevor LawhornSM Energy Co. v. Union Pac. R.R. Co. considers a question frequently asked in Texas suits affecting title: When is a suit a trespass to try title action and not a declaratory judgment action?
The dispute
SM Energy and Union Pacific are parties to three oil and gas leases covering lands in
How many different meanings can parties attribute to a term in an oil and gas lease? Answer: As many as they want, but the court will only use one, says King Operating et al v. Double Eagle Andrews, LLC et al.
The facts
The Robisons own 50% of the minerals in Tract 1, and 100%
Co-author Travis Nadalini*If you aren’t quite sure about the difference between trespass to try title and suit to quiet title, Lockhart as Tr. of Lockhart Fam. Bypass Tr. v. Chisos Mins., LLC explains. But first, …
Continue Reading Try Title vs. Quieting Title: What’s the difference?
Co-author Rusty TuckerBell v. Midway Petroleum Grp., L.P., was a trespass to try title action, suit to quiet title for possession of a land, and a counterclaim for title by adverse possession. There are several …
… Takeaways
Continue Reading Mother Hubbard Clause Saves a Property Deed
Co-author David LeonardIn a precursor of disputes sure to come, in Lyle v. Midway Solar, LLC, a Texas court of appeals delivered a win for solar energy by applying the accommodation doctrine in favor of a solar developer’s actual use of the surface of the land over speculative future development of the mineral estate.
The lesson for mineral and surface owners
Mineral owners: This decision should remind you to diligently monitor surface use and, as appropriate, intervene in the development process with informed feedback about your actual or potential surface use needs.
Surface users: Conversely, you should be willing to incorporate informed feedback from mineral owners into the design of surface projects. An arbitrary and unilateral designation of drilling areas is unlikely to suffice under many circumstances.
Continue Reading Solar Beats Minerals in a Texas Accommodation Doctrine Battle
The pitches in your arsenal are your fastball and your curveball; it’s the late innings; third time around the batting order; they’re sitting on the fastball. Once they catch up to it (and they will unless you’re Justin Verlander which, face it, you are not), goodbye game. Why not go to the bender to keep ’em uncomfortable and give you options? In Lackey v. Templeton, plaintiffs stayed with the heater. Goodbye game.
The lesson to be learned
Continue Reading Texas Court Tells Plaintiffs How to Recover Title to Property
Scenes from the trial lawyer’s conference room:
Client: “Lookee here! This paragraph says we win!”
Lawyer: Yes, but what about all the other paragraphs?”
“Those don’t matter.”
Why is that?”
“Because they don’t help us. Did you graduate from law school?”
“But the court will harmonize all the provisions in the document.”
“If I want harmony I’ll go with the Everlys. If you’re afraid of a fight, I’ll find me a lawyer with a backbone. I’m thinking the tough, smart lawyer. That one that’s always on TV.”
and:
Client: “@*^& the words. I’ll tell ’em what the deal really was.”
(Repeat client disappointment)
In XTO Energy v. EOG Resources, a title dispute over the mineral estate in 1,653 acres in Atascosa and McMullen counties, Texas, the loser tried both, to no avail.
Continue Reading Foreclosure Included the Minerals Because the Documents Said So
This narrative about a daughter gone bad is for title examiners, landmen and moralists. Business development persons, skip straight to the lesson.
The background
Elvira owned a home and lived with Johnny. Elvira and Johnny were named managing conservators for her three grandchildren after a daughter died. The grandchildren lived at the house. Elvira and
Co-author Katie R. English.The Question
In order to be a good faith purchaser, a party must not have actual or constructive notice of another’s rights. Northern Oil and Gas v. Creighton asked, When should the determination of whether a party has notice be made, A: At the time the second lease is recorded,