Face Challenges Confidently

PROPERTY RIGHTS

Friday, September 4th, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Landreth v. Melendez, 948 S.W.2d 76 (Tex. App.—Amarillo 1997, n.w.h.) considers whether the “accommodation doctrine” applies to a conflict between the surface owner and the mineral owner over surface […]

Friday, September 4th, 2015
Richard F. Brown  Sauceda v. Kerlin, 164 S.W.3d 892 (Tex. App.—Corpus Christi 2005, pet. filed), considers the duty owed by the holder of the executive right to a non-participating royalty owner. The case involved a lengthy and complicated fact pattern bearing on the ownership of Padre Island. Simplified, immediately after the Mexican land grant to […]

Thursday, September 3rd, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Seagull Energy E&P, Inc. v. Railroad Comm’n of Texas, 226 S.W.3d 383 (Tex. 2007) holds that a mineral owner’s property right to commingled oil or gas or both extends […]

Thursday, September 3rd, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.  DSTJ, L.L.P. v. M&M Resources, Inc., No. 09-07-559 CV, 2008 WL 659571 (Tex. App.—Beaumont March 13, 2008, pet. denied) (Memorandum opinion), holds that a temporary injunction prohibiting production on a […]

Thursday, September 3rd, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.  Harrison v. Bass Enterprises Production Co., 888 S.W.2d 532 (Tex. App.–Corpus Christi, no writ), considers the duty owed by lessee to a nonparticipating royalty owner for wrongful payment of royalty, […]

Thursday, September 3rd, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.  Vial v. Gas Solutions, Ltd., 187 S.W.3d 220 (Tex. App.—Texarkana 2005, no pet.) determines whether the heirs to an alleged defrauded party have standing to bring suit and whether fraudulent […]