» Watch Out for One of the Texas Oil and Gas Gotchas

Watch Out for One of the Texas Oil and Gas Gotchas

You own land in Texas. You check the courthouse in the county where your land is located to determine if there are any leases that cover your property or any mineral interests that have been severed from the surface. You find nothing, so you assume your land is not leased and you own all of the minerals.

WHOA! You may have just fallen into an all too common trap in Texas. If your land is located near a county boundary and was once part of a larger tract that was partly in the other county, then there may be a transaction recorded in that other county that affects your land. Your land could be under lease or you may own less of the minerals than you think.

In Texas, if a tract of land spans across a county boundary, then an instrument recorded in either county that relates to that tract is usually considered sufficient notice to any potential buyers of any portion of the tract. The recent case of Aston Meadows v. Devon Energy is a great illustration of a landowner falling into this trap and failing to check the records in the neighboring county. It is also a great illustration of why a landowner should consult with a knowledgeable and experienced oil and gas attorney if they have oil and gas title questions or concerns.

Gregory D. Jordan is an Austin oil and gas lawyer who has represented many individuals and businesses in Texas in all types of oil and gas disputes. To learn more about oil and gas matters, contact Texas oil and gas attorney Gregory D. Jordan at (512) 419-0684.

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