Face Challenges Confidently

LEASE CLAUSES

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.   Basic Energy Serv., Inc. v. D-S-B Props., Inc., 367 S.W.3d 254 (Tex. App.—Tyler 2011, judgm’t vacated w.r.m.) upheld the award of damages to a royalty owner arising out of […]

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.   Shell Oil Co. v. Ross , 356 S.W.3d 924 (Tex. 2011) held that neither the doctrine of fraudulent concealment nor the discovery rule will toll the statute of limitations […]

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.  Diamond Shamrock Exploration v. Hodel, 853 F.2d 1159 (5th Cir. 1988), holds that no royalty is due on take-or-pay payments unless and until gas is actually produced and taken. Gas […]

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 some significance to you.   Killam Oil Company v. Bruni, 806 S.W.2d 264 (Tex. Civ. App.–San Antonio 1991, no writ history), holds that Texas royalty owners are not entitled to share in take-or-pay […]

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 some significance to you.  Wilson v. United Texas Transmission Co., 797 S.W. 2d 231 (Corpus Christi 1990, no writ), reviews the liability of a gas purchaser to a royalty owner when the lessee […]

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 some significance to you.  Hurd Enterprises, Ltd. v. Bruni, 828 S.W.2d 101 (Tex. App. – San Antonio 1992, writ den.) is the second of two related cases addressing the issue of whether 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 some significance to you.  Exploracion De La Estrella v. Birdwell, 858 S.W.2d 549 (Tex. App.–Eastland 1993, no writ) construes the effect of executing division orders after a lease has terminated. The land owners […]