Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Haywood WI Units, Ltd. v. B&S Dunagan Investments, Ltd., No. 13-15-00454-CV, 2017 WL 6379737 (Tex. App.—Corpus Christi Dec. 14, 2017, pet. filed) (mem. op.) held that grantor reserved a present right […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Spellman v Love, 534 S.W.3d 685 (Tex. App.—Corpus Christi 2017, pet. denied) held that there could be no recovery for money had and received when the owner of a term non-participating […]
Richard F. Brown Texas Outfitters Limited, LLC v. Nicholson, 534 S.W.3d 65 (Tex. App.—San Antonio 2017, pet. granted), held the executive rights owner breached its duty of utmost good faith and fair dealing to the non-executive owner by refusing to lease. The Carter family (“Carter”) owned the surface and 50% of the mineral rights 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. KCM Financial LLC v. Bradshaw examines the nature of the duty owed by the executive and the executive’s lessee to the non-executive in an oil and gas leasing transaction. Two deeds […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Key Operating & Equip., Inc. v. Hegar held that a mineral lessee’s implied surface easement extends to the surface of the entire pooled unit regardless of which tract within the pooled […]
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. Aurora Petroleum, Inc. v. Newton, 287 S.W.3d 373 (Tex. App.—Amarillo, May 22, 2009, no pet.), held that the owner of executive rights has no duty to lease. Newton owned all […]