Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Sabre Oil & Gas Corporation v. Gibson, 72 S.W.3d 812 (Tex. App.–Eastland 2002, pet. filed) construes the effect of the lease assignment clause on a pooling clause requiring all leased […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. In Pioneer Natural Res. USA, Inc. v. W.L. Ranch, Inc.1, the court considers the relationship between a partial release (“Pugh”) clause and a pooling clause in a lease and finds the […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Union Gas Corp. v. Gisler, 129 S.W.3d 145 (Tex. App.—Corpus Christi 2003, no pet.) (emphasis in original), is the first of seven related cases considering the relationship between the lease […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. MCEN 1996 Partnership v. Glassell, 42 S.W.3d 262 (Tex. App.–Corpus Christi 2001, pet. denied), holds that the right to partition may be waived by executing a designation of unit. The […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Dimock v. Kadane1 holds that the parties to an A.A.P.L. Form 610 Model Form Operating Agreement (1956) impliedly waive their right to compel partition. Joint owners of undivided mineral interests have […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Boldrick v. BTA Oil Producers, 222 S.W.3d 672 (Tex. App.—Eastland 2007, no pet.), holds that an overriding royalty interest subject to an operating agreement (“JOA”) and burdening a non-consenting interest […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you. In Pampell Interests. Inc. v. Wolle, No. 03-89-238-CV (Tex. App.–Austin, October 10, 1990, n.w.h.), the Court held that where an oil and gas lease requires the “lessee to […]
