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. Stroud Prod., L.L.C. v. Hosford, 405 S.W.3d 794 (Tex. App.—Houston [1st Dist.] 2013, pet. denied) held that a lessee could intentionally washout an overriding royalty interest by allowing 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. Wynne/Jackson Dev., L.P. v. PAC Capital Holdings, Ltd., No. 13-12-00449-CV, 2013 WL 2470898 (Tex. App.—Corpus Christi June 6, 2013, pet. denied)(mem. op.), held that a conveyance of a non-participating […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Paradigm Oil, Inc. v. Retamco Operating Inc., 330 S.W.3d 342 (Tex. App.—San Antonio 2010, pet. granted) (Fraud based on concealment of payout); Paradigm Oil, Inc. v. Retamco Operating, Inc., […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Transamerican Natural Gas Corp. v. Finkelstein 933 S.W.2d 591, 1996 WL 40010 (Tex. A.P.—San Antonio, August 14, 1996, ) addressed the right of an overriding royalty owner to share […]
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 significance to you. Sun Operating Limited Partnership v. Oatman, No. 004-93-00634-CV, 1995 WL 92593 (Tex. App.–San Antonio March 8, 1995–) involves the adverse possession of the mineral rights by one operator against another […]
