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Landman’s Balancing Act to Build Success in the Field

By Michele Day, Totaland-Land Acquisition Software The landman is a master at balancing many details from oil, gas, minerals, mapping, law, and geology just to name a few, in addition to wearing numerous hats as a researcher, negotiator, manager, record keeper… the list goes on. Maintaining balance within the details of a landman’s job gives the edge to be top-notch in the field. Taking time to personally access the various

Are you overlooking this KEY AREA in your business workflow that could cut your costs by 50%?

The current profit decline in the oil and gas industry is driving every business to significantly cut overhead costs.  You, too, have probably already cut costs in every seemingly feasible area of your business; however, one area has been most certainly overlooked in your budget downsizing. Have you considered that you might be spending more than needed to send your Royalty and Working Interest payees information and money? What if there

THE LATEST SHOT FIRED IN THE FIXED VERSUS FLOATING ROYALTY BATTLE

BY: Ian McNeill from OilandGasLawDigest.com This decision from the San Antonio Court of Appeals arises from the 218th Judicial District Court of Karnes County, Texas. In 1991, the Harrells executed a warranty deed (“1991 Deed”) that conveyed approximately 10 acres of land to the Dragons. The 1991 Deed was subject to prior reservations and it contained the following new reservation by the Harrells: SAVE and except however, and there is hereby

TEXAS COURT: LESSEE MAY NOT EXCLUDE OTHER LESSEES FROM CONSTRUCTING SURFACE FACILITIES OR DRILLING THROUGH MINERAL ESTATE

BY: Chris Halgren from OilandGasLawDigest.com The San Antonio Court of Appeals, in Lightning Oil Co. v. Anadarko E&P Onshore, LLC, [1] held that a Texas oil and gas lease does not inherently convey a right for the lessee to control the “subterranean structures” from which hydrocarbons may be produced.  As a result, the court held that the mineral lessee of a severed mineral estate did not have the right to exclude third-parties from

CASE LAW UPDATE: CONOCOPHILLIPS MUST RELEASE 15K ACRES

BY: Austin Brister from OilandGasLawDigest.com Texas Case Law Update: On August 5, 2015, the San Antonio Court of Appeals released its opinion inConocoPhillips Company v. Vaquillas Unproven Minerals, Ltd., [1] affirming the trial court’s order declaring ConocoPhillips breached two oil and gas leases in Webb County by failing to release all acreage in excess of 40 acres for each producing and shut-in natural gas well capable of producing in paying quantities. As a

TX SUPREME COURT: CHESAPEAKE MAY NOT DEDUCT POSTPRODUCTION COSTS FROM OVERRIDING ROYALTY

BY: Austin Brister from OilandGasLawDigest.com In a 5-4 decision, the Texas Supreme Court issued its opinion in Chesapeake Exploration, L.L.C. v. Hyder, 14-0302, 2015 WL 3653446 (Tex. June 12, 2015), holding that Chesapeake is prohibited from deducting postproduction costs from an “overriding royalty interest” described in a lease. The Majority noted that while overriding royalty interests are generally subject to post production costs, the language used in the lease creating the Hyder overriding

ANATOMY OF A JOINT OPERATING AGREEMENT

BY: Austin Brister from OilandGasLawDigest.com In Introduction to Joint Operating Agreements, we reviewed several of the critical roles the Joint Operating Agreement plays within the oil and gas industry.  One of the first steps to understanding the JOA is to understand the anatomy of its several components. The AAPL Joint Operating Agreement is organized into the following sections… Read More

WYOMING: CAN LESSEES POOL OVERRIDING ROYALTY INTERESTS?

BY: Austin Brister from OilandGasLawDigest.com There is a debate among Wyoming oil and gas attorneys, and I wanted to weigh in.  Some (maybe even many) Wyoming lawyers believe an overriding royalty interest simply cannot be pooled in Wyoming without the owner’s direct and express consent. Of course, this is only a debate in the context of voluntary pooling.  However, I believe this issue is, at best, unsettled.  I’d love to hear your thoughts in

NON-PARTICIPATING ROYALTY INTERESTS – A SIMPLE CONCEPT WITH COMPLEX RULES

BY: Austin Brister from OilandGasLawDigest.com I had an excellent time this week presenting to the Houston Association of Lease and Title Analysts on February 25, 2014, at the Houston Petroleum Club.  It was a great turnout, as I believe we had almost 250 attendees.  We covered the basics of NPRI’s, before diving into some of the more complex resulting rules, such as ratification, community leasing, and some complications created by Horizontal Drilling.

MISCONCEPTION: FARMOUTS VS. JOA’S

BY: Austin Brister from OilandGasLawDigest.com I think we can all agree that one challenge facing every oil and gas attorney and landman is navigating the high degree of complexity involved in almost everything we do.   However, I truly believe that everything can be broken down into much simpler concepts.  We can and must be able to see the forest for the trees.  But why aren’t more people doing this?  The days