MINERAL RIGHTS AND REAL ESTATE PURCHASES: A BREEDING GROUND FOR CONTRACT DISPUTES

No issue has given rise to as many contract disputes in North Texas in recent years as the effect of Barnett Shale development on real estate transactions. For decades, real estate practitioners in North Texas rarely considered mineral rights when negotiating and drafting contracts for sale. However, the rapid rise in the value of mineral rights resulting from the financial success of Barnett Shale drilling, coupled with the increased awareness of the public with respect to minerals, has led to a sometimes heated negotiation over post-closing mineral rights. Continue reading