Commercial Litigation Austin Texas
Tags: Oil Gas Law
...the lessor in a typical oil and gas lease conveys the title to the minerals to the lessee as a fee simple determinable. Normally, the lessor retains a possibility of reverter and a royalty interest. Both a royalty interest and a possibility of reverter are non-possessory interests. Generally, non-possessory interests are not proper subjects of a trespass-to-try-title action. ... (plaintiffs may not maintain an action in trespass to try title when they have no present right of possession but only a reversionary right)... (a non-possessory royalty interest is insufficient to maintain an action in trespass to try title).
Richmond v. Wells (Tex. App. - Eastland, 2012)