Topic
deed construction
7 published works
Energy & the Law
Another Double-Fraction Texas Deed Case
Co-author Caleb White* Davis v. COG Operating, LLC, in construing a Warranty Deed with a reservation of minerals, applied the estate-misconception doctrine and denied the presumed grant doctrine. At issue…
Energy & the Law
Surrounding Circumstances Don’t Always Inform Deed Construction
Here we continue our discussion of the Texas Supreme Court’s opinion in Piranha Partners et al. v. Joe B. Neuhoff et al. determining that an assignment of an overriding royalty…
Energy & the Law
Texas Supreme Court Rejects “Rigid Rules” of Deed Construction
The question for the Texas Supreme Court in Piranha Partners et al. v. Joe B. Neuhoff et al. was whether an assignment of an overriding royalty in minerals conveyed the…
Ohio Appellate Insights
Merit Decision: No Public Hiking or Biking Yet. Court Finds Material Disputed Facts on Adverse Possession Claims. Koprivec v. Rails-to-Trails of Wayne Cty.
Update: On March 25, 2020, the Bilinoviches and Rails-to-Trails settled their claims against each other. The claims of the Koprivecs and the Koontzes are still pending. “If a licensee is…
Energy & the Law
Does Texas Have a New “Rule” in Conveyancing?
Co-author Chance Decker “The only sensible way to live in this world is without rules”. The Joker to Batman, The Dark Knight Subject-to, reservations-from, and exceptions-to problems have been lurking…
Energy & the Law
Reserving a Mineral Interest Without Saying So
It 's tough to find an interesting picture of a title dispute, so here's a musical interlude. You never can tell how the court will construe a complicated property deed. Can the seller of land…
The Energy Law Blog
Reservation of Mineral Servitude – Interpretation of Deed
A deed reserving a mineral servitude for a period of ten years does not create a ten-year fixed servitude, but instead re-affirms the statutory ten-year prescription of nonuse applicable to…