Dixon v. Amoco Production, Co.

150 S.W.3d 191, 2004 WL 187282
CourtCourt of Appeals of Texas
DecidedMarch 12, 2004
Docket12-02-00309-CV
StatusPublished
Cited by40 cases

This text of 150 S.W.3d 191 (Dixon v. Amoco Production, Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dixon v. Amoco Production, Co., 150 S.W.3d 191, 2004 WL 187282 (Tex. Ct. App. 2004).

Opinion

OPINION

JAMES T. WORTHEN, Chief Justice.

Appellants William L. Dixon, Sr., his wife Georgia S. Dixon, A.W. Witcher, and his wife Betty L. Witcher bring this interlocutory appeal from the trial court’s partial judgment that the property description in a gas unit designation (“Unit Designation”) filed by Amoco Production Company (“Amoco”) is legally sufficient to satisfy the statute of frauds. 1 They contend in *193 two issues that the legal description in the Unit Designation is insufficient to satisfy the statute of frauds and that the Unit Designation is therefore void. We affirm.

Background

On July 15, 1993, William L. Dixon, Sr. and Georgia S. Dixon (collectively “Dixon”) executed an oü, gas, and mineral lease (the “Dixon Lease”) to Amoco as lessee. The Dixon Lease stated, “Lessee [Amoco] is granted the right and power to pool all or any part of the leased premises with any other lands, as to any stratum or strata and as to any mineral or minerals, and as to all or any interests therein, and by whomsoever owned, for development and operation of the same as a unit or units.” Less than a month later, A.W. Witcher and Betty L. Witcher (collectively ‘Witcher”) executed an oil, gas, and mineral lease (the Witcher Lease”) with the same pooling clause, which was subsequently assigned to Amoco. Both leases also stated that the designation of a pooled unit would be effective when filed in the appropriate records of the county in which the leased premises are situated. Both the Dixon Lease and the Witcher Lease were for a three-year term and described lands located in Upshur County.

Amoco eventually controlled leases covering over 1,500 acres of land, including the Dixon and Witcher Leases. In July of 1995, Amoco drilled a producing gas well on Dixon’s land. On August 10, 1995, Amoco filed the Unit Designation. Attached to the Unit Designation were two exhibits. The first exhibit contained a list of forty-four leases controlled by Amoco, which described over 1,500 acres of land (“Unit Designation List of Leases”), and included the recording information for each lease from the Official Records of Upshur County. The second exhibit was a Tobin Map, which was marked with a bold outline encircling eleven tracts that were to be part of the pooled-645 acre unit (“Unit Designation Map”). Almost a year later, on August 1, 1996, Amoco filed a First Amendment to Designation (“Amended Unit Designation”). This Amended Unit Designation contained a metes and bounds description of the perimeter of the area encircled on the Unit Designation Map attached to the Unit Designation filed a year earlier. After the Amended Unit Designation was filed, two other producing wells were drilled on the Dixon Unit.

On July 15, 1999, Dixon and Witcher filed suit seeking a declaratory judgment that the Unit Designation was void because it did not contain a sufficient legal description of the 645 acres. Because the Unit Designation was void, Dixon and Witcher contended, (1) the Dixon Lease expired as to lands within the unit, (2) the Witcher Lease expired, and (3) to the extent any producing well was located on lands covered by either lease, the lessors named in the lease were entitled to a full royalty. In July of 2002, the trial court conducted a separate trial on the sole issue of whether the property description in the Unit Designation was legally sufficient.

On October 21, 2002, the trial court entered a partial judgment on this issue declaring that the property description in the Unit Designation was legally sufficient to describe the pooled gas unit. The partial judgment also included an order for an interlocutory appeal under Section 51.014(d) of the Texas Civil Practice and Remedies Code. Dixon and Witcher then filed this interlocutory appeal. In their first and controlling issue, Dixon and Witcher contend that neither the Unit Designation List of Leases nor the Unit Designation Map attached to the Unit Designation constitutes a sufficient legal description.

*194 Standard of Review and Sufficiency of Legal Description

The sufficiency of the legal description in any instrument transferring a property interest is a question of law. See Haines v. McLean, 154 Tex. 272, 280, 276 S.W.2d 777, 781-82 (1955). A question of law is subject to a de novo review. See In re Humphreys, 880 S.W.2d 402, 404 (Tex.1994).

The statute of frauds requires that all conveyances of real property be in writing and signed by the party to be charged. See Tex. Bus. & Com.Code Ann. § 26.01(b)(4) (Vernon 2002). An instrument conveying land must contain a sufficient legal description or the instrument is void under the statute of frauds. See Greer v. Greer, 144 Tex. 528, 530, 191 S.W.2d 848, 849 (1946). For a legal description to be sufficient, the writing must furnish within itself or by reference to some other existing writing, the means or data by which the land to be conveyed may be identified with reasonable certainty. Morrow v. Shotwell, 477 S.W.2d 538, 539 (Tex.1972). If enough information appears in the description so that a party familiar with the locality can identify the premises with reasonable certainty, the description will be legally sufficient. See Gates v. Asher, 154 Tex. 538, 541, 280 S.W.2d 247, 248-49 (1955).

Dixon and Witcher contend that, standing alone, neither the Unit Designation List of Leases nor the Unit Designation Map provides a legally sufficient description for the Unit Designation. Amoco responds that the Unit Designation List of Leases and the Unit Designation Map should be considered together in determining whether there is a sufficient legal description for the Unit Designation. We agree with Amoco.

A legal instrument conveying land must be examined in its entirety in order to determine if there is a sufficient legal description to satisfy the statute of frauds and therefore transfer an interest in real property. See Lobit v. Crouch, 293 S.W.2d 110, 113 (Tex.Civ.App.-Austin 1956, writ ref'd n.r.e.). Additionally, it is a well settled rule of law that in the construction of written instruments, all instruments in a chain of title, when referred to in a deed (or any instrument conveying an interest in real property), will be read into it. Harris v. Windsor, 279 S.W.2d 648, 649 (Tex.Civ.App.-Texarkana 1955), aff'd, 156 Tex. 324, 294 S.W.2d 798 (1956). Here, a licensed Texas surveyor, Brian Autio (“Au-tio”), testified on behalf of Amoco that based solely on the Unit Designation List of Leases and Unit Designation Map contained in the Unit Designation, he was able to identify and locate each tract comprising the area encircled on the Unit Designation Map.

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Cite This Page — Counsel Stack

Bluebook (online)
150 S.W.3d 191, 2004 WL 187282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dixon-v-amoco-production-co-texapp-2004.