Til Death Do Us Part: Joint Tenancy by Quasi-Estoppel and Revisiting the Wagenschein Decision

January 13, 2022 — In Wagenschein v. Ehlinger, 581 S.W.3d 851 (Tex. App.—Corpus Christi 2019, pet. denied) the Corpus Christi Court of Appeals interpreted a royalty reservation in a warranty deed.  The disagreement turned on whether the reservation created a joint tenancy or a tenancy in common.  The Court held that all but one of the plaintiffs were quasi-estopped from arguing that the deed created a tenancy in common. This was because those plaintiffs had previously “accepted the benefits” of a joint tenancy.  Further, the Court determined that the deed’s language was unambiguous and that the parties had intended to…
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Kiefaber & Oliva LLP Welcomes Prominent Oil and Gas Land Management and Legal Leader Charles E. Lundeen

HOUSTON, Jan. 10, 2022 – Kiefaber & Oliva LLP is pleased to announce that Charles ("Chuck") E. Lundeen has joined the firm as senior counsel. With over 30 years of industry experience, Mr. Lundeen has served as an oil and gas attorney, general counsel and executive land & legal manager for leading oil and gas producers. He has held senior leadership roles at NYSE-listed Fortune 500 oil and gas companies, including WPX Energy and Devon Energy. Mr. Lundeen's experience includes advising companies on identifying, evaluating and acquiring assets in producing plays across the U.S. Lower 48, particularly in Oklahoma, Texas,…
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Vermillion FC, LLC v. 1776 Energy Partners

November 15, 2021 — In Vermillion FC, LLC v. 1776 Energy Partners, the Court of Appeals of San Antonio determined the extent to which a retained acreage clause in an oil and gas lease was modified by a “notwithstanding the above” reference to “governmental authority.”[1]  Specifically, under the terms of the lease the parties agreed to abide by the applicable field rules for designating how much acreage would be retained.  The Eagleville (Eagle Ford-1) Field Rules in turn incorporated by reference portions of Statewide Rule 86, which allows for additional “tolerance” acreage to be retained.[2]  In essence, the dispute in…
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