Surface and Subsurface Trespass

Question 0

Law of cotenancy

Answer 0

If at least one person on a Tracy signs a lease it is not considered trespassing to enter upon the land and drill

One covenant can trespass against another if they don’t account to the other or oust the other

Question 1

Trespass

Answer 1

An invasion of interest in real property

Question 2

Humble Oil & Refining Co. v. Kishi

Answer 2

Texas

Humble had committed wrongful entry by drilling after Kishi’s lease but not Langs. Market value of the property was lost and that constituted the damages Kishi was entitled to

Each cotenant has the right to develop but neither has the right to deny the other

Question 3

Kidd v. Hoggett

Answer 3

Texas

Kidd had been paying shut in royalty payments when there was a market for oil. Hoggett easily proved that Kidd had acted deliberately without cause, and therefore slander of title did occur

Question 4

Slander of title elements

Answer 4

1. False claim (refusal to release a lease)
2. Malice (simply deliberate conduct without reasonable cause)
3. Specific damages (actual loss of value)

Question 5

Coastal v. Garza Energy Trust

Answer 5

Texas

The court decided that hydraulic fracturing is protected under the rule of capture and cannot be considered trespassing

Question 6

Good faith trespasser

Answer 6

A trespasser who is unaware of his mistake. Allowed to recover production costs or reasonable value if land is improved

Question 7

Champlin v. Aladdin

Answer 7

Oklahoma

Champlin was found to be a good faith trespasser and allowed to recover cost including a non-producing branch