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Two Decisions by Eastland Court of Appeals on Fraction-of-Royalty Issue

Oil and Gas Lawyer

Another case interpreting a royalty reservation in an old conveyance has been decided by the 11th Court of Appeals in Eastland: Boren Descendants and Mabee Descendants v. Fasken Oil and Ranch, Ltd. , The deed reserves “an undivided one-fourth (1/4th) of the usual one eighth (18th) royalty.” Fasken Oil and Ranch, Ltd.

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Louisiana Second Circuit Court of Appeal Dismisses Claim for Unjust Enrichment for Receipt of Royalty Payments in Excess of Ownership Interest: Hall v. James, 43,263-CW (La. App. 2 Cir. 6/4/08), 986 So. 2d 817

The Energy Law

The deed conveyed to the Jameses one-half of the royalties and mineral interests in the property and reserved the other one-half to Gray Investments. Division orders were prepared by Kelley Oil Corporation, a predecessor-in-interest to Samson, and the Jameses began receiving royalties.

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Calling Dibs! Oil and Gas Security Interests and Texas’ Unique First Purchaser Statute

Producer's Edge

Oil, gas, and other minerals that have not been extracted from the ground are treated as real property, to which the Texas UCC does not apply. This is often the subject of litigation, and one of the reasons outside counsel should be retained when structuring the sale of oil and gas assets. Real property is not subject to the Texas UCC.

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Texas Court Subjects Override to Non-Consent Penalties

The Energy Law

BTA Oil Producers , No. James Boldrick is an assignee of an overriding royalty interest in property subleased to BTA. BTA sought a declaratory judgment that it has no obligation to account for the overriding royalty interest. By Marie Carlisle: Boldrick v. 11-06-00029-CV, 2007 WL 865811 (Tex. Eastland March 22, 2007).