Contracting for Clarity: Practical Solutions for Drafting Around the Current State of the Law Affecting Overriding Royalty Interests

Date

2013

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Reviews the three primary issues often litigated with regard to ORRIs: potential washouts, pooling, and implied covenants in the ORRI instrument. Highlights the importance of each of these topics although the relevant case law is either unfavorable to ORRIs or uncertain.

Description

Keywords

Washouts, Bad faith washout, Fiduciary duty, Overriding royalty interest (ORRI), Implied covenants, Construction solutions, Pooling, Protection against drainage

Citation

M C. Cottingham Miles and Paul J Benavides, Contracting for Clarity: Practical Solutions for Drafting Around the Current State of the Law Affecting Overriding Royalty Interests, 46 Tex. Tech L. Rev. 1043 (2013-2014)