Education
The Texas Supreme Court has wrestled with double-fraction deeds for decades, searching for an administrable test that both honors deed's text and provides predictable results for interest-holders. We will discuss in depth the Court's two most recent substantive decisions: Navigator Group, Inc. v. Van Dyke and Clifton v. Johnson, which together address the presumption that double-fraction deeds convey floating interests, how that presumption can be rebutted, and the role that the presumed-grant doctrine can play in interpreting these deeds. We will also discuss strategies for litigating issues related to double-fraction deeds and issues that we see on the horizon.