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Oil, Gas, And Mineral Titles: Resolving Perennial Problems In The Shale Era, Laura H. Burney
Oil, Gas, And Mineral Titles: Resolving Perennial Problems In The Shale Era, Laura H. Burney
Faculty Articles
Mineral deeds present a list of perennial interpretative problems, which create uncertainty about ownership rights in mineral estates and the proceeds from the sale of oil and gas production. Consequently, the following issues arise: (1) deeds with conflicting fractions; (2) the “mineral or royalty” question; (3) the application of the common law “rule against perpetuities” to non-participating royalties, a common interest in the oil patch; (4) the meaning of “minerals”—does it include oil and gas?; (5) the executive’s duty to lease; and (6) deed interpretation versus “reformation.”
States with long histories of production and case law have grappled with several …
Hydraulic Fracturing: Stimulating Your Well Or Trespassing?, Laura H. Burney
Hydraulic Fracturing: Stimulating Your Well Or Trespassing?, Laura H. Burney
Faculty CLE
Many courts may determine hydraulic fracturing to be an impermissible trespass. Hydraulic fracturing is a common method used to increase production from oil and gas wells. However, the extent of wellbore fractures can only be determined by theoretical calculations. This reality affects the application of the legal doctrines of the rule of capture, common law trespass, and implied covenants in the oil and gas lease. When these controversies reach the court, a traditional policy conflict is also at play: whether to protect property rights or to encourage oil and gas production.
Without express legislative endorsement of fracturing as promoting valuable …