Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Unit Petroleum Co. v. David Pond Well Service, Inc., held that the owner of a wellbore leasehold had no right to designate a proration unit outside the wellbore. In 1984, 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. Graham v. Prochaska applied the “estate-misconception theory” to assume the parties to an old deed did themselves assume the lease royalty would always be 1/8, and therefore the 1950 deed reserved […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Temple – Inland Forest Products Corp. v. Henderson Family Partnership, Ltd. 958 S.W.2d 183 (Tex. 1997), is a case on the mineral/royalty distinction. The case holds that the deeds in […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Ely v. Briley, 959 S.W.2d 723 (Tex. App.—Austin 1998, no writ) considers whether a severed riparian mineral interest is subject to accretion. In a 1947 deed, Grantor reserved “an undivided […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Siegert v. Seneca Resources Corp., 28 S.W.3d 680 (Tex. App.–Corpus Christi 2000, n.pet.h.), considers whether a severed mineral estate is subject to the doctrine of accretion. A tract of […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Kadane Corp. v. Cholla Petroleum, Inc., No. 11-11-00236-CV, 2013 WL 3336612 (Tex. App.—Eastland June 27, 2013, no pet.) held that a mineral lessee’s pipeline easement was not an existing […]
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. Mobil Pipe Line Co. v. Smith, 860 S.W.2d 157 (Tex. App.–El Paso 1993, no writ), considers what right an owner of a pipeline right-of-way has to enter upon farmland […]