Mazurek, Belden & Burke, P.C. – Blog
PSA/ALLOCATION WELLS – RRC V. OPIELA
On Friday, June 30, 2023, the Third Court of Appeals in Austin issued its opinion in Railroad Commission of Texas, et al. v. Opiela. The appeal was lodged by the Railroad Commission of Texas (“RRC”) and Magnolia Oil & Gas Operating, LLC (“Magnolia”) after the...
IN TEXAS, CAN A COTENANT GRANT AN EASEMENT OR RIGHT OF WAY WITHOUT THE AGREEMENT OF THE OTHER COTENANTS?
To start, we should define what an easement and a cotenant are in the Lone Star State. Under Texas Law, an easement is a non-possessory interest in land that authorizes its holder to use property for a particular purpose, which is expressed within a grant. A common...
HOW DO I DETERMINE AN EASEMENT FROM A FEE CONVEYANCE?
Under Texas law, a Deed which conveys a tract or strip of land conveys the title to the land in fee. “Fee” is the short form of a fancy legal term “fee simple” which Black’s Law Dictionary defines as an interest in land […] being the broadest property interest allowed...
WHAT IS THE STRIP-AND-GORE DOCTRINE AND HOW DOES IT HELP DETERMINE OWNERSHIP OF A ROAD?
On Friday, June 30, 2023, the Third Court of Appeals in Austin issued its opinion in Railroad Commission of Texas, et al. v. Opiela. The appeal was lodged by the Railroad Commission of Texas (“RRC”) and Magnolia Oil & Gas Operating, LLC (“Magnolia”) after the...
RECORDING STATUTES IN TEXAS
On Friday, June 30, 2023, the Third Court of Appeals in Austin issued its opinion in Railroad Commission of Texas, et al. v. Opiela. The appeal was lodged by the Railroad Commission of Texas (“RRC”) and Magnolia Oil & Gas Operating, LLC (“Magnolia”) after the...
WHEN DO GIFTS LAPSE? A TEXAS GUIDE TO TEXAS ANTI-LAPSE LAW AND THE EFFECT OF RESIDUARY CLAUSES.
On Friday, June 30, 2023, the Third Court of Appeals in Austin issued its opinion in Railroad Commission of Texas, et al. v. Opiela. The appeal was lodged by the Railroad Commission of Texas (“RRC”) and Magnolia Oil & Gas Operating, LLC (“Magnolia”) after the...
PROPERTY DESCRIPTION REQUIREMENTS IN TEXAS
What is the difference between a lengthy metes and bounds property description, and a simple reference to a prior deed filed of record? Why does one property description take two pages, describing the length of each boundary, while other property descriptions are only...
WHAT’S MINE IS YOURS, AND WHAT IS YOURS IS MINE. OR IS IT? UNDERSTANDING MARITAL PROPERTY LAW AND ITS IMPLICATIONS
What is the difference between a lengthy metes and bounds property description, and a simple reference to a prior deed filed of record? Why does one property description take two pages, describing the length of each boundary, while other property descriptions are only...
CAN A WILL BE ADMITTED TO PROBATE AFTER 4 YEARS?
A Will, by itself, is not effective to convey title, possession, or interest in property. A Will must first be admitted to probate. Generally, under Texas law, a Will must be admitted to probate within 4 years of a person’s death. This process is known as “probating a...