Wednesday, September 2nd, 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.   XH, LLC v. Cabot Oil & Gas Corp., No. 12-12-00338-CV, 2014 WL 2505541 (Tex. App.—Tyler May 30, 2014, no pet.)(mem. op.), held that the parties’ express provision governing priority of interpretation […]

Wednesday, September 2nd, 2015
Richard F. Brown   Trenolone v. Cook Exploration Company, 166 S.W.3d 495 (Tex. App.—Texarkana 2005, no writ), examined the rights of the surface owner and the mineral lessee in an abandoned pipeline. In 1961, Cities Service acquired a pipeline right-of-way easement under what eventually became Trenolone’s residential neighborhood. The easement provided:   This right-of-way agreement […]

Tuesday, September 1st, 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. 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 […]

Tuesday, September 1st, 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.   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 […]

Tuesday, September 1st, 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.   Indian Oil Co., LLC v. Bishop Petroleum Inc., 406 S.W.3d 644 (Tex. App.—Houston [14th Dist.] 2013, pet. denied) held that in the absence of an express or implied release, […]

Tuesday, September 1st, 2015
CASE NOTE 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.   Huggs, Inc. v. LPC Energy, Inc., 889 F.2d 649 (5th Cir. 1989), concerns the duty of the operator to the nonoperator when a well ceases to […]

Tuesday, September 1st, 2015
Richard F. Brown   ExxonMobil Corporation v. Valence Operating Company, 174 S.W.3d 303 (Tex. App.— Houston [1st Dist.] 2005, pet. filed), holds the operator liable for substantial damages for breach of the uniform maintenance of interest (“MOI”) provision of the parties’ joint operating agreement (“JOA”). The MOI provision was the typical  form  JOA  provision  found […]