The Sisyphean Task of Interpreting Mineral Deeds and Leases: An Encyclopedia of Canons of Construction

Abstract

Focuses on mineral conveyances and the canons of construction for deeds in Texas. Canons of construction can be useful in assisting a court in making "good sense" of inartful drafting. Hence, good drafting can resolve many of the problems that have plagued the Texas conveyancing jurisprudence. The continued adherence to outdated forms as well as the continued confusion as to the nature of the interests owned by the parties after an oil and gas lease has been executed have created difficult interpretational issues. The long and tortured history of dealing with the multiple fraction issue as reflected in Hoffman, Garrett, Alford, Luckel and Jupiter Oil has added to the hidden transaction costs in conveying mineral interests.