KNOWLEDGE CENTER

IMPLIED COVENANTS

In addition to the express provisions of an oil and gas lease, the law recognizes various implied obligations that the lessee owes to the lessor (i.e. mineral owner).

TEXAS OIL & GAS LEASE

A basic overview of the common terms contained in a Texas oil and gas lease.

COST-FREE ROYALTY

While a mineral or royalty owners’ share of production is generally considered cost-free, in the absence of an agreement certain post-production costs can be deducted. Much dispute has arisen over attempts to limit post-production costs.

TOP LEASES

: An overview of a subordinate oil and gas lease – a Top Lease – taken where there are concerns that the existing lease has or will soon terminate.

DIVISION ORDERS

Prior to receiving payment for royalties, most mineral or royalty owners are required to execute what is known as a Division Order. This presentation reviews the process and implications of executing a division order.

CURATIVE

When title to minerals or royalty is in doubt, an operator has the right to hold royalties from production in suspense (similar to escrow) until title is clear. The process of clearing title – known as curative – generally entails a standard set of mechanisms to ensure that the operator will pay the correct person. 

ADVERSE POSSESSION

Even without actual title, there are various means by which a person or entity can gain ownership of oil and gas interests – mineral, royalty, or leasehold – through claiming them over time. 

COMMINGLING

Hydrocarbons are fungible goods, and once mixed it is virtually impossible to tell which well or unit they came from. Operators have a statutory duties, as discussed in this presentation, to measure and keep clear records of produced oil and gas so that the source and ownership of the hydrocarbons is well-documented. 

EASEMENTS

An overview of the various rights to use the surface of another for, particularly for access in oil and gas operations.

2020 MID-YEAR TEXAS SUPREME COURT UPDATE

A review of decided and pending cases before the Texas Supreme Court.

INTERPRETING FIXED VS. FLOATING ROYALTY

Whether a royalty interest is determined to be a fixed percentage of gross production or a fluctuating percentage of the negotiated lease royalty can have major implications for all parties to an oil and gas lease.

FORCE MAJEURE

Recent experience with Covid-19 and commodity market volatility has called into question the usefulness of the Force Majeure Clause, an oft-overlooked provision in oil and gas leases.

OVERVIEW OF TEXAS' MINERAL INTEREST POOLING ACT

A look at the limited options for mineral owners and operators to effect forced pooling in Texas.

PRODUCING DEPTHS

Oil and gas leases, units, or other agreements are often limited to the depths from which production is being obtained. 

WEBSITES: TEXAS GENERAL LAND OFFICE
AND TEXAS RAILROAD COMMISSION

A review of the public information available from the two main administrative agencies exercising oversight of oil and gas in Texas.

INFORMATION REQUIRED TO BE DELIVERED
TO LESSOR

Mineral owners are generally entitled to various information under the terms of an oil and gas lease. This presentation reviews the types of information and their usefulness.

TRESPASS

The rights of another to access property – including underground – is subject to laws prohibiting trespass. This presentation reviews how surface concepts have been applied to subsurface access in oil and gas production situations.

ANALYZING RETAINED ACREAGE CLAUSES

A retained acreage provision limits the amount of acreage that can be held by production from a given well. This presentation explores how retained acreage clauses impact an operator’s ability to hold acreage after a lease’s primary term has expired.

VOLUNTARY POOLING, ALLOCATION WELLS AND PRODUCTION SHARING AGREEMENTS

A review of the various methods for combining lands subject to separate leases to allow for the drilling of a horizontal well.

OHIO DORMANT MINERAL ACT

Ohio’s Dormant Mineral Act is the subject of much recent litigation and amendment. This presentation reviews the current status of the ODMA. 

MAXIMIZE YOUR MINERAL WORTH

In a time of exponential change in both the global economy and the oil and gas industry, it is imperative that mineral owners have a complete understanding of their mineral asset portfolio and its full value profile both today and tomorrow.