News & Analysis as of

Land Titles Energy Sector

Gray Reed

How Courts Look at Fixed or Floating Royalty Disputes

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Montgomery Trustee v. ES3 Minerals and Echo Minerals is another Texas fixed or floating royalty case. Before diving into the details, perhaps it’s best to describe the pattern the courts seem to fall into to resolve these...more

Williams Mullen

[Webinar] Renewable Energy Series: Site Control Issues and Real Estate Diligence for Renewable Energy Projects - June 6th, 11:00...

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Developing successful renewable energy projects begin with selecting the right project site. Securing site control using well drafted real estate contracts and conducting thorough real estate diligence can help identify...more

Gray Reed

Texas Court Tells Plaintiffs How to Recover Title to Property

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In this title action the title issues didn’t matter. The lesson is simple: The exclusive procedure to resolve competing claims to real property in Texas is a statutory trespass-to-try-title suit under Property Code Chapter...more

Gray Reed

Fraud Claim Rejected for Unreasonable Reliance

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The ruling from the Supreme Court of Texas in JP Morgan Chase Bank, N.A., et al v. Orca Assets, G.P., L.L.C. was foreseeable. Experienced energy professionals who pass on the opportunity to examine title for themselves are...more

Gray Reed

Mineral Title Examination – It’s Not Easy

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Let’s get right to the takeaway: Despite the humble hourly rate operators are typically willing to fork over for title examination, the job isn’t easy and you’d better put your trust in a practitioner with expertise,...more

Gray Reed

Trespass Plaintiff: First, Prove Your Ownership

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Chauvin v. Shell Oil Company et al is the potful of legal unpleasantness that can be stirred up by landmen trying to buy easements, leases, and the like. A number of plaintiffs – descendants of grantors of two parcels of...more

Gray Reed

Opinions to Expect From the Texas Supreme Court

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The Texas Supreme Court recently heard oral argument in three intriguing oil and gas cases. Here’s what you need to know about two of them (We’ll address the third case soon)....more

Gray Reed

An Oil Patch Morality Play – Part 2

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We recently discussed Freeman v. Harleton. The opinion shows the transaction as a bunco job. Here’s more: Bufkin and Wayne Freeman have done business together since the 1980s. They had a co-development agreement with...more

Gray Reed

An Oil Patch Morality Play – Part 1

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You are selling properties. The buyer thinks you own the deep rights but you know your long-time partner owns them. You attend the closing. You don’t tell the buyer that he’s got the ownership wrong. You are protected by a...more

Gray Reed

The Constructive Notice Doctrine in Action

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Today’s “pay attention” edition begins with a quiz. What is the most important thing to read carefully: a. Speed limit sign in small-town (insert name of Southern state). b. Itinerary for that dream vacation, the...more

Gray Reed

Louisiana Partition Agreement: You Can’t Trade What You Don’t Own

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Square Mile Energy LLC v. Pommier considered this language in a Louisiana partition agreement: “N.B: Included in this transfer are any and all mineral rights, when available, to Roxanne and all surface rights.” Did this...more

Gray Reed

Neither a Will Nor Gift Deed?

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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...more

Gray Reed

Washing Out a Lessee By Email

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Behold Mr. Clean. Even he can’t remove a pesky stain as skillfully as the landman who framed the conversation in a way that washed out a lessee. See Anadarko Petroleum Corporation v. TRO-X, LP Did the lessee retain any...more

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