News & Analysis as of

Land Titles

Gray Reed

Not the Same Property Means Not the Same Subject Matter – Res Judicata Defense Denied

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Lula Eades once owned minerals in Loving County, Texas. In 2000, in a single lawsuit the Wink-Loving ISD and Loving County foreclosed on the mineral and royalty interests of more than 80 owners, including Lula. In Ridgefield...more

Gray Reed

“All” Really Means “All” in Texas: Court Affirms Broad Assignments Despite Ambiguous Exhibits

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Ambiguity is handy for office-seekers intending to walk back “promises” they later say they really didn’t make. It doesn’t work so well for the stability of land titles. In Thagard Mineral Partnership, LP v. Cass v. RIM, LLP,...more

Gray Reed

Tracing Fails to Establish that Texas Mineral Interests Were Separate Property

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O’Connor v. O’Connor addresses tracing of property in a divorce proceeding and an evidentiary issue, but there are lessons for parties to mineral deeds as well. First, … A few Texas marital property rules - Property...more

Gray Reed

Texas Court Splits Family Timber Land Over Heir’s Objections

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“He who comes for the inheritance is often made to pay for the funeral”.* When heirs inherit property together and can’t agree on its use, Texas courts strongly prefer dividing the land physically rather than forcing a sale,...more

Bennett Jones LLP

Lines in the Sand: A Case of Adverse Possession from Cottage Country

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Once again, cottage season is upon us—and like the return of the season, the Ontario Superior Court of Justice (Court) has returned to the well-settled law of adverse possession, which continues to surface in modern property...more

Gray Reed

Limitations and Standing to Sue Dry Up Landowners’ Claim to Texas Riverbed

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State of Texas. V. Reimer et al. studied lawyer-nerdy questions of standing to bring a lawsuit and statutes of limitations as applied to inverse condemnation suits.  Spoiler alert: To the chagrin of the landowners, waiting...more

Warner Norcross + Judd

Clearing the Past, Protecting the Future: A Strategic Guide to Michigan’s MRTA

Warner Norcross + Judd on

For family offices and high-net-worth individuals with longstanding real estate holdings in Michigan, recent developments under the Michigan Marketable Record Title Act (MRTA) merit close attention. Originally designed to...more

BCLP

Briefcase 2025 Quarter 2: Key Real Estate Cases and Updates

BCLP on

Case 1: Brown v Ridley and Another - The Supreme Court has clarified that a reasonable belief of ownership for any 10 year period is sufficient to claim adverse possession....more

McGinnis Lochridge

Supreme Court of Texas Washes Out the “Anadarko Washout”

McGinnis Lochridge on

The so called “Anadarko Washout” involves a washout of oil and gas leases on undivided working interests owned by non-operating mineral cotenants. This particular species of lease washouts is based on two recent cases from...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court of Ohio Dismisses Appeal Seeking to End Senterra’s “Rolling Analysis”

In Senterra Ltd. v. Winland, 2019-Ohio-4387, Ohio’s Seventh District Court of Appeals held that an examiner, after identifying the root of title and finding that an exception to marketable record title applies, should review...more

Gray Reed

What’s the Difference Between a Mineral Reservation and an Exception?

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The category is “terms that confuse us” for one hundred dollars. Without resorting to your favorite legal dictionary or lawyer, explain the difference between a reservation and an exception in a Texas warranty deed. Stumped?...more

Gray Reed

Texas Court Shields Severed Mineral Interests from Tax Foreclosure Judgment

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In Bush v. Yarborough Oil & Gas, LP a decades-old tax foreclosure judgment did not affect a previously severed mineral interest not owned by the delinquent taxpayer. The mineral owners were neither named nor served in the...more

Hogan Lovells

The Law of Property Act 1925 turns 100 today. Happy Birthday!

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The country is celebrating a big anniversary today, 9th April 2025. 100 years ago today, the Law of Property Act 1925 (the “LPA”) received Royal Assent. The LPA brought overdue coherence, eased property transactions for the...more

Davis Wright Tremaine LLP

How Can an Owner Discharge a Mechanic's Lien After It Expires?

Mechanic's liens, once filed, must be enforced by the lien claimant filing a lawsuit to foreclose on the lien. In California, the time for enforcement of a lien is 90 days; in Oregon it is 120 days. In Washington, a lien...more

International Lawyers Network

Buying and Selling Real Estate in Ukraine (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER UKRAINIAN LAW - І. Types and specifics of real estate in Ukraine - The main types of real estate in Ukraine are the following: • plots of land; • other objects that...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

International Lawyers Network

Buying and Selling Real Estate in Spain (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SPANISH LAW - I. PROCEDURE OF A REAL ESTATE TRANSACTION - 1. Brokers - A. In Spain, both parties are free to hire a Broker to conduct the conveyance process of real estate...more

Gray Reed

Texas Mineral Buyer’s Due Diligence Falls Short

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Patch LLC et al v. Indio Minerals LLC et al  was a dispute over title to a 1/8th NPRI in land in Midland County. Viola Ash, an Illinois resident, executed a warranty deed in 1932 for land in Midland County, reserving a 1/8...more

International Lawyers Network

Buying and Selling Real Estate in Slovakia (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SLOVAKIAN LAW - I. Types of Real Property Conveyance Transactions - a) Purchase of an undeveloped plot of land b) Purchase of a developed plot of land c) Purchase...more

Gray Reed

Ratifications, Stipulations, and Fixed vs. Floating Royalty Interests

Gray Reed on

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: ...more

International Lawyers Network

Buying and Selling Real Estate in Singapore (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SINGAPOREAN LAW - INTRODUCTION - There are two systems of land registration in Singapore: registration under the Registrations of Deeds Act, known as “unregistered land”, and...more

International Lawyers Network

Buying and Selling Real Estate in Scotland (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SCOTTISH LAW - 1. Introduction - This guide applies to real estate in Scotland only. 2. Tenure - Real estate, both commercial and residential in Scotland may be...more

K&L Gates LLP

We Need to Keep a Real Estate Purchase in Australia Confidential. Can This Be Done?

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Ours is an age of identity fraud, data breaches, public registers, and political and media interest in the ownership of Australian real estate.  Take a moment to consider the real estate-related data that can be readily...more

Stark & Stark

Adverse Possession: Policing Your Property Boundaries - Owners Beware

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Retail, commercial, and industrial property owners need to be diligent about policing their property boundary lines to avoid losing valuable property rights to an encroaching neighbor. ...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court Reaffirms the Dunham Rule

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Let’s assume you inherited a 150 acre farm in Lycoming County that has been owned by your family since 1909. In 2020, you are approached by ABC Drilling about a new oil and gas lease for the farm. You retain counsel and...more

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