Webb et al. v. Martinez (Tex. App. San Antonio) - On December 14, 2016, San Antonio’s Fourth Court of Appeals affirmed the trial court’s take-nothing summary judgment regarding a property dispute in favor of Martinez. Webb had owned the entire surface and 75% of the mineral estate. The remaining 25% of the mineral estate was owned by a third party. Webb agreed to sell the entire property to Martinez through a contract of sale. The 1998 deed included the following reservation:

SAVE AND EXCEPT and there is hereby reserved unto [Webb], [her] heirs and assigns, 75% of all of the oil, gas, and other minerals presently owned by [Webb], in and under and that may be produced from the herein described property.

Originally published in National Association Of Division Order Analysts - April - June 2017?