Texas Oil and Gas Attorney
1420 Alabama St.
Houston, Texas 77004

1049 N. 3rd St., Ste. 200
Abilene, Texas 79601
📧 Josh.stein.esq@gmail.com
☎ 713-702-4585

Texas and New Mexico attorney for oil and gas cases

Oil and gas and mineral cases often start with deed records, royalty agreements and operating agreements. Before a dispute arises, these crucial legal documents must be properly prepared to make the rights and obligations clear. After the dispute arises, these documents must be reviewed to determine whether the rights of the parties are being respected and the obligations of the parties are being carried out. Stein specializes in preparing and reviewing, and if necessary, suiting or defending in court regarding the enforcement or defense of the rights and obligations of the parties arising from these documents. In this the regard, Stein has handled oil and gas type cases in the following Texas counties: Archer (title opinions); Armstrong (title opinions); Austin (litigation); Baylor (title opinions); Bexar (litigation, title opinions); Borden (title opinions); Bowie (appeal); Brazoria (litigation); Brown (litigation, title opinions); Burleson (litigation); Burnet (title opinions); Canadian (litigation); Callahan (litigation, title opinions); Carson (title opinions); Chambers (litigation); Coke (title opinions); Coleman (litigation, title opinions); Collin (litigation); Crane (litigation); Dallas (litigation); Dawson (litigation); Deaf Smith (title opinions); Denton (litigation); Dickens (title opinions); Dimmit (litigation); Eastland (litigation, appeals, title opinions); Ector (litigation, title opinions); Erath (title opinions); Fayette (litigation); Fisher (litigation, title opinions); Foard (title opinions); Fort Bend (litigation); Galveston (litigation); Garza (title opinions); Gonzales (litigation); Gray (title opinions); Hansford (title opinions); Harris (litigation); Harrison (litigation); Haskell (title opinions); Hemphill (litigation, title opinions); Hidalgo (title opinions); Hockley (title opinions); Howard (litigation, title opinions); Hutchinson (title opinions); Irion (litigation); Jack (litigation, title opinions); Jones (litigation, title opinions); Kent (title opinions); King (title opinions); Knox (title opinions); Lamb (title opinions); La Salle (title opinions); Live Oak (litigation); Lynn (title opinions); Martin (litigation); Matagorda (litigation, title opinions); Midland (litigation, title opinions); Milam (litigation, title opinions); Mitchell (litigation, title opinions); Montgomery (litigation); Nacogdoches (litigation); Nolan (litigation, title opinions); Nueces (litigation); Ochiltgree (title opinions); Palo Pinto (title opinions); Potter (title opinions); Randall (title opinions); Refugio (litigation); Reeves (litigation); Roberts (title opinions); Robertson (title opinions); Runnels (litigation, title opinions); Schleicher (title opinions); Scurry (litigation, title opinions); Shackelford (ligitagion, title opinions); Sherman (title opinions); Smith (title opinions); Stephens (title opinions); Stonewall (title opinions); Taylor (litigation, title opinions); Terry (title opinions); Throckmorton (litigation, title opinions); Tom Green (litigation, title opinions); Travis (litigation); Uvalde (title opinions); Upton (litigation); Ward (litigation); Webb (title opinions); Wilbarger (litigation); Winkler (litigation); Yoakum (title opinions); Young (title opinions). Stein has also handled these types of issues in the following New Mexico counties: Chaves (litigation); Eddy (litigation).

The following are examples of oil and gas related litigation handled by Stein:

2015

• McDonald Living Trust v. Lytle Arche Ranching, LLC, No. 16-02-12825, 365^thJudicial District, Dimmit County, Texas (regarding “land described” and “estate conveyed”)

2016

• Rogers Dentonio Ranch, Ltd. v. E. Powell et al., No. 15-06-12633, 365^thJudicial District, Dimmit Co., Texas (defending record owners against adverse possession of a ghost town)
• Verde Minerals, LLC et al. v. 1893 Oil & Gas, Ltd. et al., No. 2:16-CV-00463, United States District Court, Southern District of Texas, Corpus Christi (class action regarding nonstandard royalty deeds)

2017

• Young v. Phoenix Fund, Inc., American Arbitration Association, No. 02-17-0002-2200 (“Leases” of NPRIs are void oil and gas leases by estoppel)
• Camp Trial Group v. Maak Enterprises, LLC, No. DC-17-17223, 95^thJudicial District, Dallas County, Texas (jury trial concerning botched foreclosure of a mud farm)

2018

• In re Addington Family Partnership Ltd., No. 18−51710, Southern District of Texas, San Antonio (creditor in adversarial bankruptcy delaying confirmation of oil and gas arbitration award)
• In re Kost Ventures 1, Ltd., No. 18-51711, Southern District of Texas Texas, San Antonio (creditor in adversarial bankruptcy delaying confirmation of oil and gas arbitration award)
• Anderson v. US Shale Energy V, LLC, No. 18-06-22458, 143^rdJudicial District, Reeves County, Texas (“Leases” of NPRIs are void oil and gas leases by estoppel)
• In Re: Estate of Mary Elizabeth Bueche, No. D-503-PB-2018-00091, 5^thJudicial District Eddy County, New Mexico (breach of contract for sale of minerals with alleged bona fide purchaser)
• Vacek v. US Shale Energy VI, LLC, No. 2018V-175, 155^thJudicial District, Fayette County, Texas (“Leases” of NPRIs are void oil and gas leases by estoppel)

2019

• Barkley v. Holm, No. 19-03-22834, 143^rdJudicial District, Reeves County, Texas (concerning a floating non-participating royalty interest paid on a fixed basis)
• Foundation Minerals, LLC v. Janzen, No. 19-12-23300, 143^rdJudicial District, Reeves Co., Texas (multiple chains of title caused by probate of 50-year-old will)
• In Re: Estate of Gorden Roesch, No. BPB-19-002766, Probate Court of Kern Co., California (petition to revoke probate of 50 year old estate claiming title out of state lands)
• Silverbow Resources Operating, LLC v. Sola Energy Resources, LLC, No. 2019-14596, 127^thJudicial District, Harris Co., Texas (regarding plugging obligations in Louisiana)

2020

• Wieczorek v. US Energy Assets, LLC, American Arbitration Association, No. 01-20-0000-6857 (fraud in oil and gas joint venture)
• Texas State Securities Board v. U.S. Energy Assets, LLC, SOAH Docket 312-20-1848 (joint venture securities fraud)
• Becken v. 1893 Oil & Gas Ltd, No. L-20-0095-CV-C, 343^rdJudicial District, Live Oak County, Texas (mass action concerning construction of non-standard royalty deeds)
• Echols Minerals, LLC v. Donald Mac Green, Trustee, No. 7505, 118^thJudicial District, Martin County, Texas (application of the Duhig Rule to simultaneously executed deeds)
• Johnson v. Clifton, No. 20-07-23609, 143^rdJudicial District, Reeves County, Texas (concerning a floating non-participating royalty interest paid on a fixed basis)

2021

• Feagan v. Wilson, No. 023710, 259^thJudicial District, Jones Co., Texas (concerning ownership of minerals acquired in a 1958 oral partnership)

The following are some examples of oil and gas related appeals handled by Stein:

• Seven N. Holdings, L.P. v. Mathis & Sons, Inc., 2014 WL 272462 (Tex. App.—Eastland 2014, no pet) (conversion of low grade “gun grease” oil in storage tanks)
• Rahlek, Ltd. v. Robert Wells, 587 S.W.3d 57 (Tex. App.—Eastland, 2019, pet. denied) (interpretation of warranty deed as to amount of mineral and royalty interests intended to be conveyed; and non-application of the statute of limitations to an unjust-enrichment counterclaim for royalty interest payments to the wrong party)
• Greeheyco, Inc. v. Brown, 565 S.W.3d 309 (Tex. App.—Eastland, 2018, no pet.) (interpretation of oil and gas leas as to when the “continuous drilling clause” terminates the right to drill)
• Dayston, LLC v. Brooke, 630 S.W.3d 220 (Tex. App.—Eastland, 2020, no pet.) (contract void and unenforceable where land described in contract as “being surveyed” fails to comply with the statute of frauds)
• Durant v. Lumberjack Energy, LLC, __ S.W.3d __ (Tex. App.—Texarkana, 2021, no pet.) (no right-of-survivorship in deed converting community to separate property)