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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. The deed reserves “an undivided one-fourth (1/4th) of the usual one eighth (18th) royalty.” Fasken Oil and Ranch, Ltd. , two consolidated appeals, Nos.
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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