RECITALS AND ANCIENT DOCUMENTS I was recently confronted by an uninformed attorney about my lack of reliance on recitals in a document....

An exception is not a reservation, but a reservation is an exception. Well, technically they are not the same thing. However, if you...

The Rule in Shelley’s case can be oversimplified as, if an instrument creates a life estate in A, with a remainder to A’s heirs (or heirs...

A “most-favored-nations” or “favored-nations” provision usually provides that a lessor will be entitled to a matching royalty or bonus to...

The granting clause in a lease establishes the primary purpose of the lease (the rights being granted, the lands covered, the interest of...

A shut-in royalty clause provides that a Lessor can pay a royalty for a well that is drilled and capable of production, but for which gas...

The delay rental provision allows the Lessee to extend, through the payment of rentals, the lease from period to period during the...

It surprises me the number of title attorneys who do not really understand Pugh clauses. I often encounter attorneys who mistakenly...

Continuous drilling/operations provisions, dry hole provisions and cessation of production provisions all set out various rights of the...

A Mother Hubbard Provision in a lease is intended to include in the lands covered by the lease any adjacent or contiguous lands in which...