Law360, New York ( March 18, 2016, 9:29 AM EDT) -- In a sudden downpour, gushing water can erode topsoil on an incline, damaging the structure and support of the surface. A clever landscaper will prevent the washout through careful placement of trees, rocks or small plants. In the oil and gas context, overriding royalty interests may also be washed out, but a shrewd attorney can avoid this by drafting a scaffolding of provisions in the creating instrument that reinforce and perpetuate the override. This article explains the theory behind such "anti-washout clauses," their treatment under Texas law, and practical considerations for drafters or litigators....
Law360 is on it, so you are, too.
A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
A Law360 subscription includes features such as
- Daily newsletters
- Expert analysis
- Mobile app
- Advanced search
- Judge information
- Real-time alerts
- 450K+ searchable archived articles
And more!
Experience Law360 today with a free 7-day trial.