Many deeds found in Texas, including Patents from the state, provide land descriptions stated in “Varas.” This Unit of Measurement is of Spanish Mexican origin. It was first adopted in … Continue reading “UNITS OF MEASUREMENT – TEXAS”
Category: Clarifying Ownership
TRANSFER OF MINERAL AND ROYALTY INTERESTS INTO A TRUST
To facilitate management, limit fractionalization, or for the purpose of avoiding probate, there seems to be an increasing frequency of mineral and royalty interests being transferred into family or intervivos … Continue reading “TRANSFER OF MINERAL AND ROYALTY INTERESTS INTO A TRUST”
PROPERTY CODE SECTION AFFECTING SALES OF MINERAL AND ROYALTY INTERESTS
Effective September 1, 1999, the Texas Legislature enacted a new section of the Texas Property Code which affects those who solicit and purchase minerals and royalties by mail, and those … Continue reading “PROPERTY CODE SECTION AFFECTING SALES OF MINERAL AND ROYALTY INTERESTS”
NOTICE OF EXCLUDED INTERESTS AND A TRANSITION AGREEMENT
Kanes Oil and Gas Forms available at www.Kanesforms.com includes forms of Purchase and Sale Agreements, Assignments, Conveyances, and Deeds, all of which can be used in or adapted to a … Continue reading “NOTICE OF EXCLUDED INTERESTS AND A TRANSITION AGREEMENT”
COMMINGLING PRODUCTION FROM DIFFERENT DEPTHS
It is not uncommon to encounter situations where the leasehold ownership under a Lease varies, depending on depth. One owner owns depths from the surface of the ground to a … Continue reading “COMMINGLING PRODUCTION FROM DIFFERENT DEPTHS”
SUBORDINATIONS
A Subordination is commonly encountered in a situation where a lessee has acquired an oil and gas lease from a lessor/landowner, when the lands are subject to a mortgage or … Continue reading “SUBORDINATIONS”
RATIFICATIONS
Often times an owner of an interest in the mineral estate will be asked to sign a Ratification. This may be a ratification of an oil and gas lease, a … Continue reading “RATIFICATIONS”
ANCILLARY PROBATE: CAN IT BE AVOIDED?
It is not uncommon for an owner to hold title to mineral and royalty interests in several states. When that owner dies, with a will that is probated, providing for … Continue reading “ANCILLARY PROBATE: CAN IT BE AVOIDED?”
SURFACE OR MINERALS?
The question often arises: who owns what – the surface or the mineral owner. Presuming that the minerals have been severed from the surface (as in Texas), the question … Continue reading “SURFACE OR MINERALS?”
ROYALTY CALCULATIONS
In determining the amount of royalty to be conveyed or reserved, the distinction between a “royalty fraction” and a “fraction of royalty” must be understood. The word “OF” has significant … Continue reading “ROYALTY CALCULATIONS”

