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Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

Producer's Edge

Between 2013 and 2020, Fasken, as Midland Farms’ successor, signed division orders allocating itself a fixed 1/32 royalty interest, which was paid accordingly. Mabee and Boren Descendants and Royalty Owners (“Boren”) are successors to the grantee.

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Texas Court Subjects Override to Non-Consent Penalties

The Energy Law

Based on both the division order and the JOA terms, the Count found that BTA was not obligated to make any present payments to Boldrick for his overriding royalty interest currently being used to pay the costs and expenses of the well. Therefore, Boldrick’s reliance on those provisions to support his claim was misplaced.

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

Producer's Edge

Instead, the property laws of Texas govern perfection. Unique to Texas While the First Purchaser Statute does not require the filing of a financing statement in order to perfect a security interest, it is unique to Texas and is not necessarily recognized under the laws of other states. But what about perfection?

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