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Granting Clause vs. Exhibit: The Eternal Question of Assignment Scope

January 2023 – In Citation 2002 Inv. LLC & Endeavor Energy Res., L.P. v. Occidental Permian1, the El Paso Court of Appeals addressed the scope of an assignment of oil and gas leases. The issue was whether certain “deep rights” had been retained or conveyed in a 1987 assignment of oil and gas leases. 

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The Presumed-Lost-Deed Doctrine: A Recent Texas Case Invokes an Obscure Rule

January 2023 – The Doctrine of Presumed Lost Deed is an arcane legal concept applied to old gaps in land titles in Texas. This common-law form of adverse possession has been used in old and new cases to establish and uphold valid land titles.

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OLIVA GIBBS PROMOTES JOSH ABRAMS AND PATRICK SCHENKEL TO PARTNER

January 2023 – Oliva Gibbs is pleased to announce that Josh Abrams and Patrick Schenkel have been promoted to partners at the firm.

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It’s Not Who to Pay, It’s When to Pay: “Due” Under Samson Expl., LLC v.

December 2022 — In Samson Expl., LLC v. Bordages, the Court of Appeals of Texas examined when royalties on oil and gas leases become ‘due’ and the role of ‘bona fide’ title disputes.

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Signed, Sealed, and Delivered(?) – The North Dakota Supreme Court Examines Two Classic Conveyancing Doctrines in Northern Oil & Gas, Inc. v. EOG Res., Inc.

November 2022 – The Supreme Court of North Dakota reviews two fundamental aspects of real property conveyancing: the doctrines of “delivery” and “actual notice” in Northern Oil & Gas, Inc. v. EOG Res., Inc.

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Governor Shapiro and the Future of Fracking in Pennsylvania

December 2022 — Former Attorney General Josh Shapiro was recently elected as the next Pennsylvania governor. However, with no hard stance on fracking and seats in the Pennsylvania House of Representatives still up for grabs, many unanswered questions remain going into the new year.

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Hoggs Get Slaughtered: Interpreting an Assignment of “Leases” Versus “Lands” in the Blackbeard Decision

November 2022 — The El Paso Court of Appeals was recently tasked with interpreting whether the granting language in an assignment was broad enough to cover a lease that was not specifically named in the exhibit.

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OLIVA GIBBS LLP ADDS SENIOR ATTORNEY, EXPANDS TO NEW SPACE IN OKLAHOMA

November 2022 – Oliva Gibbs is pleased to announce the addition of Senior Lawyer, Gregory Harjo, in Oklahoma City and our move into expanded office space.

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Washed Out: Ohio’s Seventh District Court of Appeals Addresses Enforceability of “Anti-Washout” Provisions

November 2022 — The Ohio Seventh District Court of Appeals recently held that the “anti-washout” provision found in various assignments of overriding royalty interests was not binding on the assignees of the original lessee after the underlying leases had expired…

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Rethinking Renewables Development – The Land Department Podcast

October 2022 — Brad Gibbs discusses renewables development with Brent Broussard on The Land Department Podcast.

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Haunting Your Ex Beyond the Grave: The Johnson Decision

October 2022 — In Johnson v. Dunham, The Eastland Court of Appeals was tasked with determining whether a mineral interest, which was neither mentioned nor described in a final divorce decree, should be divided in a post-divorce partition.

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OLIVA GIBBS LLP OPENS LOUISIANA OFFICE, WELCOMES KATE BAILEY LABUE

September 2022 — Oliva Gibbs is pleased to announce the opening of a new office in Lafayette, Louisiana, and the addition of Kate Labue. Kate is the firm’s third attorney resident in Louisiana…

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Superior Court of Pennsylvania Clarifies the Difference Between an “Exception” and a “Reservation” in the Context of an Oil and Gas Clause

September 2022 – In Hunnell v. Krawczewicz, 2022 PA Super 166, the Superior Court of Pennsylvania discussed the difference between an “exception” and a “reservation” of oil and gas rights in a deed…

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Dormant Mineral Act – “Ignorance of a Mineral Owner’s Last Known Location is No Excuse”

August 2022 — In Fonzi v. Brown, the Supreme Court of Ohio consolidated and examined two cases to determine whether the surface owners of two adjoining parcels of land satisfied the requirements of Ohio’s Dormant Mineral Act (“DMA”) in seeking to have certain mineral interests deemed abandoned.

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OLIVA GIBBS LLP ADDS SEVEN LAWYERS IN LOUISIANA, OKLAHOMA AND TEXAS

August 2022 — Oliva Gibbs is pleased to announce the addition of seven lawyers across three states. The group includes the firm’s first attorneys resident in Louisiana – expanding transactional, title and regulatory services for clients with business interests in that state.

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Siltstone Res., L.L.C. v. Ohio Pub Works Comm’n: The Effect of Deed Restrictions on Mineral Right

July 2022 – In Siltstone Res., L.L.C. v. Ohio Pub Works Comm’n, 2022-Ohio-483, the Ohio Supreme Court examined whether the lease and transfer of subsurface mineral rights in property purchased with a grant from the Clean Ohio Conservation Fund conflicts with its agreed use and operation as a green-space park area.

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