Face Challenges Confidently

SURFACE RIGHTS

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.   State v. Cemex Const. Materials South, L.L.C., 350 S.W.3d 396 (Tex. App.–El Paso 2011, pet. granted, judgm’t vacated w.r.m.)held that all deposits of granite, limestone, gravel, sand, and any […]

Wednesday, September 2nd, 2015
CASE OF THE MONTH Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the cases may be of significance to you.   In Delhi Gas Pipeline Corp. v. Dixon, 737 S.W.2d 96 (Tex. App.–Eastland 1987, no writ), the court upheld the right of the lessee to make […]

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.  Thomas v. Thomas, 767 S.W.2d 507 (Tex. App.–Amarillo 1989, no writ), involved a dispute over the proper interpretation of a “free gas to lessor” clause contained in a 1938 oil […]

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.   In Villareal v. Grant Geophysical, Inc., 136 S.W.3d 265 (Tex. App.—San Antonio 2004, pet. denied), the San Antonio Court of Appeals determined Texas law requires actual physical entry or […]

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.   Springer Ranch, Ltd. v. Jones, 421 S.W.3d 273 (Tex. App.—San Antonio 2013, no pet.) held that royalties from present and future horizontal wells must be allocated based on the […]

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.   Dupnik v. Hermis, No. 04-12-00417-CV, 2013 WL 979199 (Tex. App.—San Antonio Mar. 13, 2013, pet. denied) held that a conveyance of the surface only was effective to reserve the […]

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.   MPH Production Co., Inc. v. Smith, 06–11–00085–CV, 2012 WL 1813467 (Tex. App.—Texarkana May 18, 2012, no pet.) (mem. op.), held that a right of first refusal to purchase minerals […]