Reservation of “Oil, Gas, and Other Minerals” Reserves to the Surface Owner All Substances that, as of the Date of the Instrument, Must Be Removed by Methods that Would Necessarily Have Destroyed the Surface Estate

Date

1977

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Discusses the Texas Supreme Court’s case Reed v. Wylie. The Court in Reed held that the reservation of “a one-fourth (1/4) undivided interest in and to all oil, gas and other minerals on and under the land and premises herein described and conveyed” did not include a substance when its removal must be accomplished by methods that would necessarily and substantially destroy the surface estate. The author describes this decision as “a step toward attaining some certainty in oil and gas transactions.”

Description

Keywords

Oil and gas, Minerals, Strip mining, Surface estate, Reed v. Wylie, Case note

Citation

9 Tex. Tech L. Rev. 184