Remove Division Order Remove Royalty Remove Royalty Interest
article thumbnail

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. , 5, 2024, no pet.

article thumbnail

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. BTA, the assignor and creator of Boldrick’s interest, elected non-consent status regarding the well at issue, proposed and drilled by Chevron. The District Court granted summary judgment in favor of BTA and Boldrick appealed.