The Texas Supreme Court was quite active in 2021, issuing several oil and gas opinions; however, two were quite controversial, drawing numerous amicus curie from industry groups, oil and gas attorneys, and academia. In Concho Resources, Inc. v Ellison, the court held that a subsequently executed, inconsistent instrument, even without words of grant, may divest a record mineral title. And, in Broadway National Bank v. Yates Energy Corp., the court held that prior title holders may divest a current record title holder of their title by executing a correction deed without the joinder of, or notice to, the present record title holder.
William D. Farrar,
Texas: Survey of Selected 2021 Oil and Gas Cases and Statutes,
Tex. A&M J. Prop. L.
Available at: https://doi.org/10.37419/JPL.V8.I3.6