Face Challenges Confidently

SURFACE 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.   Exxon Corp. v. Pluff1 holds that the common lease clause giving lessee the right to remove equipment does not impose a duty to remove equipment, and that the cause […]

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 some significance to you.  Satanta Oil Co. v. Henderson, 855 S.W.2d 888 (Tex. App.–El Paso 1993, no writ), examines the liability of the oil operator to the surface user for the death of […]

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 […]

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.  City of Alvin v. Zindle, No. 14-08-00458-CV, 2009 WL 4573702 (Tex. App.—Houston [14th Dist.] Dec. 8, 2009, pet. denied) (mem. op.), held that a lessor under an oil and gas […]

Thursday, September 3rd, 2015
Richard F. Brown Fasken Land and Minerals, Ltd. v. Occidental Permian Ltd.,          S.W.3d                                                                                                                        , 2005 WL 1539260 (Tex. App.—El Paso 2005, pet. denied), addresses disputes involving a preferential right to purchase provision and a removal of operator provision. Occidental or its affiliates (“OXY”) were the operator and seller of a 75% interest in the MFU […]