Brent Blackstock PLCBrent Blackstock PLC2026-07-08T21:03:42Zhttps://www.brentblackstock.com/feed/atom/WordPress/wp-content/uploads/sites/1503614/2023/07/cropped-BB_FAV-32x32.pngby Brent Blackstock PLC<![CDATA[Legal risks of buying property with oil and gas rights]]>https://www.brentblackstock.com/?p=475532026-07-08T21:03:42Z2026-07-08T21:03:42ZConfirm who owns the mineral rights before purchasing
A property may have oil and gas, but those rights may not be included in the sale. A past owner may still own the mineral rights and have the legal right to explore or produce them. A review of the chain of title and property deeds can show what rights the seller actually owns. An attorney can examine these records, identify ownership problems, explain their legal effect and help protect the property’s value before the purchase is complete.
What should buyers review beyond the property's title?
Many legal problems are found in the records, not on the property. Checking these records before closing can prevent expensive surprises later.
The most important records to review include:
Oil and gas leases: Find out if older leases are still in effect and give another party rights to the property.
Public records: Review Oklahoma Corporation Commission records, county records, well histories, permits and production reports for active or plugged wells, pooling orders, unpaid royalties or title concerns.
Environmental conditions: Check for abandoned wells or past drilling that could create cleanup costs or other legal concerns.
Reviewing these records with legal guidance before signing can uncover hidden risks, support informed decisions and help protect the investment.
Protect the purchase with strong contract terms and proper due diligence
A well-written contract can protect the investment before problems arise. It should clearly identify the mineral rights included, disclose any active leases and address title issues, liens, unpaid taxes or other legal claims that may affect the property.
The agreement should also include protections if ownership differs from what the seller promised or if hidden title defects appear after closing. A legal professional can review the contract, verify that it matches the title records and help strengthen its terms. Careful legal guidance throughout the process can also provide leverage to negotiate better terms or avoid signing if serious risks are found.
Value starts with clarity
Buying oil-rich property is often about purchasing legal rights as much as purchasing land. Understanding exactly what comes with the property before closing can help buyers avoid unexpected limitations, protect future opportunities and make more informed investment decisions.]]>On Behalf of Brent Blackstock PLC<![CDATA[How a company can enforce a restrictive covenant]]>https://www.brentblackstock.com/?p=475522026-06-30T01:17:45Z2026-06-30T01:17:45Zrestrictive covenants may avoid taking certain jobs, releasing non-public information or attempting to solicit customers for a different business. Businesses may have outside parties sign noncompete, nondisclosure or nonsolicitation agreements to protect the organization.
If an agreement is not enough of a deterrent to prevent misconduct, how can companies enforce restrictive covenants?
Filing a lawsuit may be necessary
Occasionally, sending formal notice about the violation of a restrictive covenant, possibly through a cease-and-desist letter, can be enough to halt unfair competition and other forms of misconduct. Other times, written notice alone does not stop a former employee or other outside party from continuing with questionable behaviors.
Filing a lawsuit requesting an injunction and possibly an award of damages is an appropriate response to a documented violation of a restrictive covenant. So long as there is evidence that one party made inappropriate disclosures, solicited former coworkers or clients, started a competing business or took a job with a direct competitor, it may be possible to uphold and enforce a restrictive covenant through business litigation.
A successful lawsuit can result in a court order prohibiting additional misconduct. The courts can also award financial damages in cases where the breach of a restrictive covenant has direct economic implications for a business.
Reviewing an original restrictive covenant and the alleged violation with a business litigation attorney can help executives and owners explore their options. While many contract enforcement lawsuits settle, filing a lawsuit is often necessary after the breach of a restrictive covenant.]]>On Behalf of Brent Blackstock PLC<![CDATA[What buyers should check before purchasing oil-rich land]]>https://www.brentblackstock.com/?p=475512026-06-28T15:53:25Z2026-06-28T15:53:25ZSay you’ve found a tract with real oil potential, priced to sell. It feels like a rare opportunity, maybe even a turning point. But the land on the surface and the minerals underneath, including oil and gas, may not belong to the same person. Before you picture royalty checks and long-term returns, pause and ask whether the seller actually owns the rights that make the land valuable.
Confirm what rights come with the sale
The seller may own the surface land but not all the mineral rights below it. Check the deed history to see whether a past owner kept those rights or sold them to someone else. In Texas, mineral owners may also have the right to use part of the surface to reach and produce oil or gas. That can affect what the land is worth and how you can use it after closing.
Search public records for wells and leases
Ownership is only half the story, as past leases and old well records may still affect the land. Texas buyers can search state well records, while Oklahoma buyers can check the Oklahoma Corporation Commission and county clerk records to uncover whether earlier activity still limits what you actually control.As you review these records, watch for these red flags and what they can mean:
Active or recently plugged wells: point to recent or ongoing production and potential lingering lease obligations or surface issues
Leases that appear to still be in effect: imply continued lease rights that may limit your control over mineral development
Pooling or unitization orders that include the tract: suggest that the land is part of a larger unit affecting royalty distribution and operational control
Permits issued to operators other than the seller: indicate that a third party may hold exploration or production rights
Gaps or inconsistencies in production history: hint at possible disputes over lease validity or expiration
Signs of unpaid royalties or suspended funds: reflect potential title issues or unresolved ownership or payment disputes
These records can show gaps, conflicts or overlapping claims that may lead to a dispute, even if no claim has been filed yet.
Build the risks into the contract
After you understand what the purchase includes, the contract should match those details. The agreement should clearly state which mineral rights the seller includes, disclose any existing leases and explain how those leases affect your use of the land.It should also address what happens if the mineral interest is smaller than represented or if a title issue appears after closing. Price adjustments, indemnity language and remedies for undisclosed claims can give you options before a disagreement becomes litigation. This is where legal review of a commercial land deal can help match the contract to the records.
Turn your findings into a decision before closing
The main benefit of these checks is leverage, but you hold it only until you sign the deal. After closing, gaps in the title or records may become yours to resolve. Before signing, you can still renegotiate the price, ask for better terms or walk away. Think of reviewing the title and records as the final step before committing, and let what you find guide your decision on whether this oil-rich land is truly a good opportunity.]]>On Behalf of Brent Blackstock PLC<![CDATA[Does an oil company owe a surface owner notice before drilling?]]>https://www.brentblackstock.com/?p=475492026-06-16T22:24:13Z2026-06-16T22:24:13ZThe law does not mandate notice
Many of the obligations that oil and gas companies have to landowners who sign leases stem not from the law but rather from lease paperwork. Currently, neither federal regulations nor state law in Texas overtly demand a specific amount of advance notice before drilling can take place on private property subject to a mineral lease.
Any notice requirements may come from contractual promises made to the property owner. Most oil and gas companies do not restrict their own operation by giving property owners the contractual right to weeks of notice and an opportunity to dispute the proposed drilling activities. Even so, providing written notice can limit the likelihood of the owner interfering with operations, possibly by denying access to the property.
Communication with property owners about changes in how an oil and gas company utilizes leased property can largely limit opportunities for conflict and litigation. Notifying an owner in writing of impending extraction activities can give them time to review the lease, learn about their rights and adjust to the idea of drilling and other commercial activities on their property.]]>On Behalf of Brent Blackstock PLC<![CDATA[How to avoid business partnership disputes]]>https://www.brentblackstock.com/?p=475472026-06-07T11:39:43Z2026-06-07T11:39:43Zavoid disputes under many circumstances, “simply” by behaving proactively.
Drafting a partnership agreement
Many conflicts between business partners occur because of a lack of a written partnership agreement.
It’s not uncommon for entrepreneurs passionate about a particular venture, who trust each other or are loved ones, to go into business together through a handshake. They skip drafting a contract that states ownership percentages, the responsibilities of each, how they will make business decisions or how one can exit the partnership. They simply start a business.
Then, down the line, one partner starts to feel like they are doing most of the work while receiving equal financial distribution, and the other feels like crucial decisions are made without their consent, resulting in conflicts.
In some cases, partners may have an agreement, but it’s not clear. It does not clearly assign responsibilities, specify how each partner should be paid, state how much should be reivested, give an outline for decision-making or provide an exit strategy. A vague contract can lead to misinterpretations and eventually disputes.
Drafting a legally binding, clear partnership agreement can significantly prevent disputes.
Communicating effectively
Having regular meetings that encourage open communication can help to better ensure that business partners stay on the same page. Differing expectations and minor misunderstandings can easily be resolved through effective communication. It also helps to address issues as early as possible to prevent them from escalating to major conflicts.
Disputes in a business partnership can often be prevented. Obtain more information by seeking personalized legal guidance, to better understand how you and your partner can protect and grow the business.]]>On Behalf of Brent Blackstock PLC<![CDATA[Could your employees lead you into an IP dispute?]]>https://www.brentblackstock.com/?p=475452026-05-26T02:44:11Z2026-05-26T02:38:18Z Intellectual property woes can happen to a business from an unlikely source: their own employees may misuse intellectual property that…]]> If they were privy to intellectual property at their old firm, there is a chance they might bring some of it into their work with you.This does not have to be deliberate. They do not have to set out to steal from their old employer, and sometimes it can be hard to remember where they learned a particular thing or first saw a particular idea. It might even have been they who originally came up with the IP while they were working for that other business.Still, if their former employer considers that intellectual property valuable, they may well move to challenge your use of it, especially if they have already put legal protections in place on it.
Freely taking from elsewhere
Another way that employees can land their employers in an intellectual property dispute is simply taking things they find on the internet. Many an employee, tasked with writing a blog, populating the website with images or setting something to music, has scoured the internet for material and downloaded it without ever getting permission. Sometimes that is allowable, but sometimes it is not, and the owner may be keenly watching for anyone using their material without their permission.Even though these breaches might be entirely your employees’ doing, your company could be held liable for their actions. While you can reduce the risk of such problems by having clear policies on intellectual property use that you ensure all employees are aware of and understand, things can slip through. If you find yourself on the end of a complaint or litigation, it’s best to seek legal guidance to resolve the matter.]]>On Behalf of Brent Blackstock PLC<![CDATA[Lack of a partnership agreement increases dispute odds]]>https://www.brentblackstock.com/?p=475432026-05-14T09:21:34Z2026-05-14T09:21:34ZPartnership disputes can bring about complex litigation. Business partners may find themselves at odds regarding their roles and responsibilities, or there may be financial conflicts. One business partner may want to exit the partnership entirely, or there could be claims that one party has financially harmed the business.
In some cases, these types of disputes and disagreements can be avoided simply by creating a partnership agreement in advance. This is a type of contract that can be established when the partnership begins.
Defining terms and addressing conflict
The advantage of a partnership agreement is that many of these conflicts can be addressed upfront, or terms can be clearly defined so that all parties are on the same page.For instance, litigation sometimes arises over ownership percentages. If there is just a verbal agreement, one partner may assume that they own 50% of the business while the other person considers themselves the majority owner and believes they have the unilateral authority to make important business decisions on their own.Simply by drafting a partnership agreement up front, the partners are forced to discuss important things like financial responsibilities, division of revenue and the division of ownership shares.Of course, some disputes are still possible. But even then, having a written agreement can help as both parties seek a resolution, whereas handshake deals and oral agreements can be very hard to enforce.
Addressing partnership issues
Partnerships can be very profitable and successful, but they do create the potential for litigation. It is important for business partners to understand all of their legal options when disputes arise.
]]>On Behalf of Brent Blackstock PLC<![CDATA[Can you be sued for environmental damage you didn’t cause?]]>https://www.brentblackstock.com/?p=475412026-05-05T15:40:08Z2026-05-05T15:40:08ZWhere environmental liability can come from
Laws such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) allow regulators and private parties to hold certain parties responsible for cleanup costs, even if they did not cause the contamination. The law recognizes several categories of potentially responsible parties:
Current owners of contaminated property
Past owners who held the property when contamination occurred
Operators who controlled activities at the site
Parties who arranged for disposal of hazardous materials
In practice, parties often name multiple defendants in the same dispute and divide responsibility based on facts that may date back years.
Factors that influence environmental liability
Certain factors often shape how environmental liability develops in a transaction or dispute. These considerations influence how parties evaluate and assign risk:
Extent of prior industrial or commercial use of the property
Level of control a party exercises over site operations
Language used to allocate risk in transaction documents
Timing of when contamination is identified
Each factor helps determine which parties the law holds responsible and how disputes develop. In many cases, these details drive the outcome more than any single clear cause of the contamination.
What this means when a claim arises
If an environmental issue surfaces, the case does not stay limited to who caused it. The law may draw in multiple parties tied to the property or operations, even if their involvement came later.
Parties often share responsibility, and they focus disputes on how to divide cleanup costs. It helps to recognize that exposure may extend beyond fault and depend on how parties allocate responsibility.
]]>On Behalf of Brent Blackstock PLC<![CDATA[Holding an executive accountable for self-dealing]]>https://www.brentblackstock.com/?p=475402026-04-25T22:03:51Z2026-04-25T22:03:51ZWhat might constitute self-dealing?
Self-dealing involves making business decisions for personal profit, often funneled through another business. If an executive has a small business or professional practice, self-dealing might involve awarding contracts to their own company. Other times, they might offer major projects or contracts to a company owned by a family member.
A partial ownership interest or investment in an outside organization could also prompt conduct similar to self-dealing. Whenever executives make key company decisions for their own benefit instead of for the company's, their actions can cost the organization money. Putting personal interest ahead of the organization is a breach of fiduciary duty that may even warrant an executive’s removal from their role.
Reviewing questionable contracts or financial activity with a skilled legal team can help those who suspect a breach of fiduciary duty to take appropriate action. A business lawsuit is sometimes the best option available for addressing misconduct from those running an organization.]]>On Behalf of Brent Blackstock PLC<![CDATA[Why should mineral owners pay attention to forced pooling?]]>https://www.brentblackstock.com/?p=475392026-04-10T08:08:06Z2026-04-10T08:08:06ZPeople who own mineral rights in Oklahoma are often faced with decisions about their land. One of these is how land should be developed, but this doesn’t always depend only on a single mineral rights owner.
The Oklahoma Corporation Commission has the option of issuing an order that brings together the interests of multiple owners within a specific drilling area. This enables drilling in the area to move forward even if all the landowners in the target area don’t consent. This doesn’t erase ownership rights. Instead, it prevents an unresolved interest from stopping development across the entire area.
How does forced pooling work?
Forced pooling usually begins after a company tries to reach a voluntary agreement with the owners in the target area. If some owners are willing to sign but others are skeptical about the agreement, the company can ask the Commission for a pooling order. The pooling order can set available options for those who didn’t sign the agreement. This can include things like royalties and cash bonuses. It also discusses alternative royalty structures and participation in the costs of drilling. The process has strict deadlines, so owners only have a limited time to respond when they receive notice of the pooling. If an owner doesn’t respond, it will be treated as if they accepted the default option. Forced pooling is often misunderstood, but it’s a state-authorized regulatory tool that all mineral rights owners should review. Anyone who’s approached with a lease proposal or forced pooling order should ensure they work with someone familiar with these matters so they can ensure they understand their rights and responsibilities. ]]>