Mazurek, Belden & Burke, P.C. – Blog

PSA/ALLOCATION WELLS – RRC V. OPIELA
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...

PSA/ALLOCATION WELLS – RRC V. OPIELA
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...

RECORDING STATUTES IN TEXAS
RECORDING STATUTES IN TEXAS

O conveys Blackacre to A for value, but A does not record the deed.  Thereafter, O conveys Blackacre, to B for value.  B, without knowledge of the prior conveyance to A, promptly records his deed in the local county records.  O has skipped town and is nowhere to be...

WHEN DO GIFTS LAPSE? A TEXAS GUIDE TO TEXAS ANTI-LAPSE LAW AND THE EFFECT OF RESIDUARY CLAUSES.
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...

WHEN DO GIFTS LAPSE? A TEXAS GUIDE TO TEXAS ANTI-LAPSE LAW AND THE EFFECT OF RESIDUARY CLAUSES.
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...

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