Daughtrey Law Firm - Tag

Oil and Gas Property Rights

Surface Owners Facing Drilling in Texas : Exclusive Guide for Landowners

The letter arrived unexpectedly. An oil company plans to drill on your property. They own the mineral rights, or they leased them from someone else. Either way, they need your surface. You have questions. Can they just show up and start drilling? Do you get paid for damage to your land? What happens to your cattle, your crops, or your fences? These questions matter. Your answers determine whether you protect your property or lose control of it. In This Article: Why This Happens: The Severed Estate Explained Someone Split the Minerals from the Surface Texas Law Favors the Mineral Owner What Oil Companies Can and Cannot Do Surface Damage Payments: What You Need to Know Texas Does Not Require Payment for Surface Use How Surface Use Agreements Work Timing Matters Enormously Specific Concerns for Texas Surface Owners Cattle and Livestock Operations Agricultural Crops and Irrigation Fencing and Improvements When Problems

Nixon Daughtrey December 14, 2025

co-owner disagreement in Texas real estate sale

Mineral Rights For Landowners

Is Your Mineral Estate Underperforming? Exclusive Analysis

Many mineral owners receive regular royalty checks. Payments arrive monthly like clockwork. Everything seems fine on the surface. But regular payments often mask serious problems. Getting paid consistently doesn’t mean you’re getting paid what you should. Operators pay accurately under bad lease terms all the time. Those bad terms cost you money every single month. Regular payments create false confidence. Consistent amounts feel reassuring. But getting paid and getting paid correctly are completely different things. In This Article: The Hidden Problems Payment Regularity Masks A Common Scenario That Illustrates The Problem Why Success Feels Like Success The Five Signs Your Estate Needs Review What Professional Review Actually Reveals Why You Cannot Do This Review Yourself The Insider Knowledge Advantage What Happens During Estate Review The Uncomfortable Truth Your Next Steps Take Action Today About The Firm About the Author The Hidden Problems Payment Regularity Masks Most mineral owners judge success

Nixon Daughtrey December 6, 2025

Attorney Services

Attorney’s Guide: Why Texas Mineral Rights Probate Requires Texas Counsel

Your client just inherited mineral rights in Texas. They live in Ohio, Illinois, or California. The estate is straightforward, the will is clear, and administration is proceeding smoothly in your jurisdiction. Then you see it: “1/32 mineral interest in Reeves County, Texas.” Now you have questions. Will this require ancillary probate in Texas? What if the minerals are producing and royalty checks were coming to the decedent? What happens to those payments now? Can you handle this from your office, or does your client need Texas counsel? These are exactly the right questions. The answers depend on variables that require evaluation by someone who makes these determinations regularly. Our goal here is to help you recognize when Texas mineral interests create complications worth addressing, and why partnering with Texas counsel protects both your client and your relationship. In This Article: The Questions That Need Answering What’s Actually at Stake for

Nixon Daughtrey November 30, 2025

mineral audit what can it fix and what it can't

Oil and Gas Lease

Mineral Estate Audits: What They Fix and What They Can’t

We often receive calls from mineral owners with similar queries: ‘I want an audit to improve my lease terms. Maybe I can work with better operators too.’ Sharing this news is difficult for me. Audits can’t do any of that. Hoping an audit will fix lease problems means you’ve already lost. Those battles needed fighting before you signed. Audits verify one simple thing. Operators must pay you correctly under your existing terms. That’s the full extent of audit power. Changing those terms is impossible now. Improving operator performance through audits won’t happen. Renegotiating anything is off the table completely. Bad lease terms stay bad forever. An audit just confirms operators are paying correctly under those bad terms. In This Article: What Audits Actually Accomplish Why Professional Help Matters Before Signing Reason why DIY Verification Fails Why Careful Statement Review Falls Short The Professional Expertise Gap What Professional Review Provides Why

Nixon Daughtrey November 22, 2025

Graphics of "Master Texas Property Deeds: Avoid Probate with Lady Bird & TODD | Houston Real Estate Lawyer Insights & Mineral Rights Explained"

Estate Planning & Probate

Lady Bird Deed vs Transfer on Death Deed: How to Avoid Texas Probate Hassles

A Texas family inherits 200 acres outside Midland. The parent signed a Transfer on Death Deed(TODD) years earlier. The deed names the children as beneficiaries. It was properly recorded. Probate is not required. Then the royalty checks stop arriving. The operator’s title department reviews the recorded TODD. They flag the mineral chain. They put the royalties in suspense and ask for documentation the family does not have. The deed that was supposed to make this simple is now the document that triggered the hold. Texas gives landowners two tools to pass real estate outside probate court. They are not the same tool. Choosing the wrong one for property that includes minerals can cost a family years of suspended royalties, and force exactly the kind of court proceeding the parent was trying to avoid. The probate process for Texas mineral owners is already more complicated than most families expect. Picking the

Nixon Daughtrey October 25, 2025

Mineral Rights For Landowners

Working Interest vs Royalty Interest: Texas Mineral Rights Guide

The oil company’s offer sounds incredible. Participate as a working interest owner and earn four times your standard lease income. However, they rarely mention the hidden risks in that initial conversation. Statistics tell a sobering story. Roughly 95% of mineral owners who choose working interest without proper legal guidance regret their decision. Some lose their entire investment. Others face liability threatening assets far beyond their mineral rights. A few end up in bankruptcy court. The question isn’t about luck. Success comes from understanding a strategic framework most mineral owners never see. This analysis reveals what separates the 5% who succeed from the 95% who fail. In This Article: The Investment Choice Hidden From Most Mineral Owners The Wealth-Destroying Gap Understanding the Fundamental Divide What Royalty Interest Means for You The Working Interest Reality Three Liability Categories That Devastate Working Interest Owners Environmental Disasters Create Financial Catastrophe Plugging and Abandonment: The

Nixon Daughtrey October 10, 2025

Mineral Right attorney Texas- Daughtrey Law Firm

Estate Planning & Probate

Inherited Mineral Rights in Texas: What’s Next?

An uncle passed away in Florida. The estate seemed straightforward until the attorney mentioned something unexpected. There are mineral rights in Texas. Four counties. No one knew the exact value, but quarterly royalty checks were arriving regularly. Now those payments have stopped. The operator says they need documentation before releasing funds. You are staring at a challenge involving inherited mineral rights in Texas that feels completely unfamiliar. This scenario happens more often than you might think. Families inherit Texas mineral rights without realizing the complexity involved. What seems like a simple probate matter quickly becomes a multi-county puzzle involving title research, operator requirements, and specialized documentation. This guide covers the discovery and orientation phase: what you have, what documents exist, and what title research actually involves. Once you understand what the title shows, the next question is which legal pathway applies to your specific situation — that is covered in

Nixon Daughtrey October 4, 2025

Financial & Real Estate Law

How Transfer on Death Deeds Save Families Time & Money-Texas

Every year, Texas families lose tens of thousands of dollars and countless opportunities because their inherited property gets trapped in probate court. The family home sits empty, mineral lease offers expire, and legal fees mount while beneficiaries wait months or even years for court approval to claim what was always intended for them. This expensive and time-consuming process affects properties across Houston and throughout Texas, from modest homes to valuable mineral estates. In This Article: What is a Transfer on Death Deed? Why Mineral Owners Love Transfer on Death Deeds How TODDs Help Homeowners Real-World Example: The Johnson Family Important Considerations Transfer on Death Deed Checklist The Bottom Line Ready to protect your property and your family’s future? Call to Action Schedule a Strategy Session When Sarah inherited her grandmother’s farmland in East Texas, she thought the worst part was over. Her grandmother had passed peacefully, and the family was

Nixon Daughtrey September 21, 2025

Oil and Gas Law

Texas Pugh Clause: Protecting Your Property Rights

A landman shows up with a lease offer for your 500-acre ranch. The terms look reasonable on the surface. Six years later, a single producing well covers 40 acres on the southwest corner of your property. The operator has not drilled anywhere else, has no plans to drill anywhere else, and yet your entire 500 acres are still under that lease. Your right to lease the remaining 460 acres to a different operator, or to do anything else with those mineral rights, is gone for as long as that one well keeps producing. The provision that would have prevented this is called a Pugh clause. The operator’s standard lease form does not include it, and the absence is not an oversight. In This Article: Understanding the Basic Function of Pugh Clauses Vertical vs. Horizontal Pugh Clauses Common Variations in Texas Pugh Clause Language Unit Designation and Pooling Considerations Economic Impact

Nixon Daughtrey September 15, 2025

Mineral Rights For Landowners

Shut-In Royalties in Texas: What Landowner Must Know

Your well stopped producing three years ago. Since then, you’ve been receiving a check for $500 annually while your neighbor just signed a new lease for $50,000. Welcome to the frustrating world of shut-in royalties—where operators can hold your minerals hostage for pennies on the dollar. Most Texas landowners don’t understand shut-in provisions until it’s too late. This guide breaks down everything you need to know about these critical lease clauses that could tie up your property for decades. In This Article: What Are Shut-In Royalties? The Original Purpose vs. Modern Reality When Are Shut-In Royalties Used? Legitimate Uses Include: Questionable or Abusive Uses: How Shut-In Royalties Affect Texas Landowners Immediate Financial Impact Long-Term Consequences Most Landowners Don’t Consider Do Shut-In Royalties Ever Benefit Landowners? The Rare Scenarios Where Shut-In Helps: The Harsh Reality: How to Make Shut-In Provisions Work for Landowners Essential Protective Terms to Negotiate: Alternative Provisions That

Nixon Daughtrey August 25, 2025

Media

Surface Owners Facing Drilling in Texas : Exclusive Guide for Landowners

Is Your Mineral Estate Underperforming? Exclusive Analysis

Attorney’s Guide: Why Texas Mineral Rights Probate Requires Texas Counsel

Mineral Estate Audits: What They Fix and What They Can’t

Lady Bird Deed vs Transfer on Death Deed: How to Avoid Texas Probate Hassles

Working Interest vs Royalty Interest: Texas Mineral Rights Guide

Inherited Mineral Rights in Texas: What’s Next?

How Transfer on Death Deeds Save Families Time & Money-Texas

Texas Pugh Clause: Protecting Your Property Rights

Shut-In Royalties in Texas: What Landowner Must Know

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