Boren Descendants v. Fasken Oil and Ranch, Ltd.

Texas Supreme Court No. 25-0010, No. 25-0012 on appeal

The Texas Supreme Court reversed the Eastland Court of Appeals' jurisdictional holding that it could not consider the presumed-grant doctrine on permissive interlocutory appeal, where Fasken claimed a floating 1/4 royalty interest after treating the 1933 deed reservation as a fixed 1/32 interest for 85 years. The Court held that the presumed-grant doctrine was a "fairly included subsidiary issue" within the certified controlling question of whether Fasken was barred from claiming anything other than a fixed 1/32 interest through affirmative defenses.

Analysis

Texas Supreme Court Clarifies Appellate Jurisdiction Over Presumed-Grant Doctrine in Double-Fraction Royalty Disputes

The Texas Supreme Court reversed the Eastland Court of Appeals' jurisdictional holding that it could not consider the presumed-grant doctrine on permissive interlocutory appeal, where Fasken claimed a floating 1/4 royalty interest under a 1933 deed after treating it as a fixed 1/32 interest for 85 years. The Court held that the presumed-grant doctrine was a "fairly included subsidiary issue" within the certified controlling question of whether Fasken was barred from claiming anything other than a fixed 1/32 interest through affirmative defenses.

Joel Reese | Jun 05, 2026

Texas Supreme Court Presumed-Grant Doctrine Interlocutory Appeal Royalty Owner Double-Fraction Deed