Unlike many states on the Pacific and Atlantic costs, Texas’ probate process is quicker and comparatively cost efficient. In fact, Texas offers a several abbreviated probate process (e.g. independent administration, muniment of title, small estate affidavits) that require only limited filings and usually a single brief hearing in order to transfer the property to the
Texas in General
Lyle v. Midway Solar: Shedding Light on the Application of the Accommodation Doctrine in a Dispute Between Owners of Mineral Rights and Solar Rights
The “accommodation doctrine” is a judicially created doctrine that governs the manner in which a mineral owner and surface owner may use the surface of a tract of land for their respective purposes. The mineral estate is considered the “dominant” estate, and is permitted to use so much of the surface as is reasonably necessary…
Stayin’ Alive: Texas Supreme Court Interprets Lessee’s Right To Accumulate Unused Days In Continuous Development Clause
One of the most common and difficult questions asked of oil and gas attorneys concerns maintenance of oil and gas leases that are beyond their primary terms. Most modern-day lease forms contain a continuous development clause, which requires the lessee to drill multiple wells within specified time periods in order to maintain the entire leased…
The President Signs The Consolidated Appropriations Act, 2021. Including Tax Changes Intended to Assist Individuals and Businesses Impacted by the Lockdowns of 2020
On December 27th, the President signed into law a second pandemic relief package as part of a larger government funding bill passed by Congress entitled The Consolidated Appropriations Act, 2021 (“CAA”). In March of this year, President Trump signed the first pandemic-related stimulus bill: H.R. 748, the Coronavirus Aid, Relief and Economic Security Act (Public…
Piranha Partners v. Neuhoff: Texas Supreme Court Chews up Court of Appeal’s Ruling on Interpretation of an Assignment of Overriding Royalty Interest
Precise drafting is critical to a successful transaction, even involving a seemingly simple assignment of an overriding royalty interest. In Piranha Partners v. Neuhoff, 596 S.W.3d 740 (Tex. 2020), the Texas Supreme Court was called upon to determine the scope of an assignment of overriding royalty interest. The issue was whether the overriding royalty…
Dear Texas Contractors: We Sure Could Use Your Help, but Remember That We Do Things a Little Different Over Here – Sincerely, Southwest Louisiana
In the aftermath of hurricanes Laura and Delta, Southwest Louisiana is faced with a widespread reconstruction project the size of which it has not seen in quite a while. While never afraid to roll up the sleeves and get to work, this time the demand for contractors exceeds the local supply. Welcoming help from each…
The Wenske Case – The Default Rules of Deed Construction Still Hold Sway
Title to minerals and royalties in Texas has long been riddled with problems arising from subject-to, reservations-from, and exceptions-to provisions. Over the years these problems have naturally found their way into the Texas courts, highlighting the critical importance of drafting language to avoid ambiguity and clarify intent. Emphasis is placed on intent, as unambiguous…
“Stay at Home” Order to Expire
On April 27, 2020, Governor Abbott issued Executive Order GA-18, implementing Phase I to reopen Texas, beginning May 1, 2020. In addition to confirming that “essential services” shall continue to operate as they have, GA-18 provides guidance on services that may reopen as of 12:01 a.m. on Friday.
“Reopened services” include:
- Retail services that may
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Railroad Commission Considers State-wide Production Cuts
On April 14, the Railroad Commission of Texas held a marathon virtual meeting to hear from nearly sixty of the state’s energy leaders including executives from some of the most prominent oil producers and midstream companies, industry analysts, consultants and academics. A reported 20,000 people tuned into the public meeting from across the globe to…
Texas Court Closures and Updates in Accordance with COVID-19
As the coronavirus continues to adversely impact so many, the court systems across the country are adapting in kind, with many of them suspending jury trials and moving to reduced-contact scenarios for other matters. Below is a digest of the most up-to-date information regarding courts in Texas as of the time of this posting. Please…