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Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

Producer's Edge

The Eastland Court of Appeals addressed, for the first time, the interpretation of a double-fraction royalty reservation in light of Van Dyke. centered on whether a 1933 deed reserved a floating 1/4 royalty interest or a fixed 1/32 interest. The case ( Boren Descendants v. Fasken Oil & Ranch, Ltd. , LEXIS 8405, at *1 (Tex.

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Texas Court Subjects Override to Non-Consent Penalties

The Energy Law

James Boldrick is an assignee of an overriding royalty interest in property subleased to BTA. Boldrick sued BTA and Chevron/Texaco, seeking monetary damages based upon breach of contract, unjust enrichment and conversion, alleging that his share of the overriding royalty interest was being used to benefit the Defendants.

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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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