Toeppich and Associates

Category: Deed Interpretation

Correction Deeds in Texas

What is a Correction Deed? A correction deed, or correction instrument, is used to clarify ambiguities or cure errors in an existing instrument conveying real property without having to resort to judicial reformation. Texas law has allowed the limited use of correction deeds, although there was historically little guidance by the legislature or judiciary as […]

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Undivided Fractional Oil and Gas Interests – Part 2: Mineral or Royalty?

An issue often confronted by landmen and title examiners is whether or not an instrument creates a mineral or royalty interest. The answer to this question determines whether or not a lessee has obtained a valid lease, whether or not that lease covers all of the minerals, and what amounts should be paid to which […]

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Undivided Fractional Oil and Gas Interests – Part 1: NPRI’s and Harmonization

Oil and gas law is rife with litigation, with few areas as contentious as the creation of undivided fractional interests such as the nonparticipating royalty interest (“NPRI”). The NPRI is carved from the mineral estate and generally consists of the right to royalty under an oil and gas lease. This right to royalty burdens the […]

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