Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption
Producer's Edge
APRIL 30, 2025
Between 2013 and 2020, Fasken, as Midland Farms’ successor, signed division orders allocating itself a fixed 1/32 royalty interest, which was paid accordingly. They contended that this language implied a fixed royalty interest, as any amount above 1/8 would constitute a bonus under the historical definition.
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