Subsurface Estates

News & Analysis as of

New Disclosures Required Regarding Subsurface Rights In Florida

On May 12, Florida Governor Rick Scott signed into law CS/CS/CS/HB 489, regarding subsurface rights disclosures. The bill creates a new Section 689.29, Florida Statutes. Beginning October 1, 2014, a seller of residential...more

Important Case on Subsurface Trespass Pending before the Texas Supreme Court

Fluids associated with oil & gas production frequently move across subsurface property lines. For example, injected fracing fluids and disposed saltwater often move beyond the lease on which the particular injection well is...more

The Eyes of Texas are upon a Subsurface Trespass Case

The Texas Supreme Court is now poised to decide whether subsurface migration of fluids from an approved injection well may constitute an actionable trespass under Texas common law. Recently accepting a petition for review in...more

Texas Supreme Court Set to Hear Case Involving Subsurface Trespass Claim

Last week, the Texas Supreme Court agreed to hear a suit that could determine whether landowners in the state have a cause of action for trespass when water from underground injection wells migrates onto their property. The...more

Natural Gas Boom Fuels Requests for Partial Releases from Mortgage Liens

Residential lenders and servicers are continuing to see a larger impact from the natural gas boom, and it is not just from properties hosting drilling operations. More lenders are seeing increasing numbers of borrowers...more

Pennsylvania Legislature Considers Amendments to the Dormant Oil and Gas Act

Proposed changes to Pennsylvania’s Dormant Oil and Gas Act may lead to disputes over the validity of existing oil and gas leases. In Pennsylvania, it has been long understood that the oil and gas subsurface estate may be...more

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