Client Alert: AI and Attorney-Client Privilege

Texas Oil & Gas Law: The Basics

Is oil and gas real or personal property?

It’s a question with a complex answer. While in the ground, oil and gas are classified as real property, i.e., oil and gas are considered part of the land. However, once oil and gas are produced (i.e., removed from the ground), the classification changes from real to personal property.

What are the rights associated with mineral interest?

In Texas, an owner of a mineral interest has five rights:

(1) The right to execute a lease (also known as the executive right)

(2) The right to receive bonus payments upon execution of an oil and gas lease

(3) The right to receive delay rentals (a right that is virtually non-existent today with the prevalence of paid-up leases)

(4) The right of ingress and egress (also known as the development right or the right to authorize use of the surface for oil and gas exploration and production activities)

(5) The right to receive royalties

Each of these rights may be sold separately, in whole or in part, by the mineral interest owner. When mineral interests in a tract of land are sold, gifted, or otherwise conveyed to two or more entities or individuals, the interests are considered undivided. This means that each owner has the right to receive royalties from production anywhere on the property, in accordance with their ownership interest.

Because mineral interests are capable of being sold in different percentages to others, mineral owners typically sell or gift undivided fractional portions of their interest to their children, friends, or third parties.

Challenges occur because over time, this leads to numerous people owning undivided interests in a tract of land, which makes it difficult to determine each person’s fractional ownership.

For example, in Karnes County, the Eagle Ford Shale brought a lot of these issues to light when production of oil and gas began in 2011. While most title issues were resolved relatively quickly, some of the more complex issues are still being litigated today. A frequent subject of litigation involves the size and extent of royalty interests conveyed or reserved many years ago.

The information here just scratches the surface and describes the basics of oil and gas laws. As such, this article is not intended to address all aspects of these issues but rather help give an overview of the complexities of the rights and considerations. If you are faced with a mineral interest issue, you should consult a competent oil and gas attorney to obtain the needed comprehensive information.

Learn More About Our Energy, Oil & Gas Practice

Posted in Oil & Gas

Recent News

John Norman Wright Petry

John Petry was an excellent lawyer known throughout South Texas for his big personality and philanthropic spirit. John served as the lead attorney for our satellite offices for many years and his presence will be dearly missed by everyone in Carrizo Springs and beyond.

John earned his law degree and returned to Carrizo Springs, TX in 1970 to join his father’s law practice, which became Petry & Petry Law and served clients in south Texas for 30 years. In 2000, John joined Langley & Banack, continuing his south Texas law practice until his retirement in January 2023.

John cared most about three things: his faith, his family, and the outdoors. He and Jill were deeply devoted to the community of Holy Trinity Episcopal Church, where he was the Bishop’s Warden and Jill played the organ for many years. He was committed to serving his community and was very active in the Lions Club, where he was a district governor.

John was an avid golfer and was instrumental in developing the Carrizo Springs Golf Club. Every morning before work, John would go to the golf course and outline the work needing to be done. No matter where he and Jill traveled, there would always be a golf course on the itinerary. He was also a lifelong hunter. He grew up hunting with his stepfather, Herb Petry, and his grandfather, Ben “Daddy Ben” White, around south Texas and instilled his love of the land in his children, grandchildren, and friends.

More than anything, John was proud of his family. His two daughters, Jana and Jodi, were most important to him. He cared deeply for his girls, his wife, and his grandchildren. His hospitality was unmatched, and he loved having his friends and the friends of his children and grandchildren to the ranch to hunt, to drink wine, and to enjoy the outdoors.

John will be remembered as a dedicated Christian, father, grandfather, and role model to many in the Carrizo Springs community and beyond.

Otto (Skip) Stoler Good

A Warrior has gone home at the age of 73. The life of Otto (Skip) Good came to an end on Friday, February 3, 2023 with his wife by his side.

His passions for the law, his family and friends meant everything to him. His love for his children (Murray Good, Ashley Arp, Jamie Arp) and grandchildren (Jenysse Good, William “Bubba” Good, Maya Arp and Weston Arp) were undeniable and unending. He was a music enthusiast, a gourmet cook and an avid book reader. He felt compelled to serve and protect his clients resulting in his successful career as an attorney for 49 years. He found great joy in mentoring young lawyers and encouraging others to strive towards higher education.

He began his legal career in October of 1974 at Groce, Locke & Hebdon. His passion for the law drove him and his young partners to form their own firm Shaddox, Compere, Walraven & Good in May of 1980. Many fond memories were created at “year end” partner meetings in beautiful places, Spurs games, and joyful times at a hunting lease where fun was had by all for many years! He served as a Director, Shareholder and then finally as President of the law firm.

After 27 years, his firm joined Langley & Banack, Inc. in February of 2007, where he practiced law for 16 years. In 2023, he earned the “Best Lawyers in America Award” in both Commercial Litigation and Insurance Law, ranking him in the top 5% of lawyers in America. He also enjoyed mentoring young lawyers throughout his career. He consistently maintained an AV rating by Martindale Hubbell and tried over 150 cases to a jury verdict.

In 1988, he met the love of his life, Patricia Francis and they began their 33 year journey together. They both shared a love for cooking and hosting friends and family at their home. You could often find Skip playing a variety of music on the piano. He was a kid at heart and loved to make Christmas magical for all. His children and Pat will always remember his strength, his determination, his desire to serve others and his ability to make them laugh. He is dearly loved by so many and will be greatly missed.

Bruce Kirk Spindler

We are very sad to report that our dear friend and beloved colleague, Bruce Spindler, died of heart failure on October 5, 2020. He was 61 years-old. Bruce will be sorely missed by many, including all of us at Langley & Banack.

Bruce was born in Akron, Ohio to Edward James Spindler and Anita Kirk Spindler. Bruce’s love of travel and culture began at an early age when his family moved to Amsterdam. From there, they relocated to Mexico City where Bruce became fluent in Spanish and attended the American School for several years, inspiring in him a love of Mexican heritage. Bruce attended the Hill School in Pottstown, Pennsylvania, and subsequently attended and graduated from St. Stephen’s High School in Austin, Texas in 1978. Bruce went on to be a Plan II honor student at the University of Texas in Austin and attended Texas Tech University School of Law where he received his J.D. in 1988. He began his law career as a briefing attorney for Judge Craig Enoch of the 5th Court of Appeals in Dallas. Afterwards, he moved to San Antonio where he practiced with the law firm Soules and Wallace which joined Langley & Banack in 2003, and he practiced here until his death.

As a lawyer, Bruce spent his time and energy trying to help people solve problems through litigation as a board-certified civil litigator, or through settlement. In the past few years, Bruce thoroughly enjoyed mediating family law and civil disputes. He volunteered at both the Bexar County Dispute Resolution Center and the mediation center in Kerrville, Texas. Bruce was very proud of this work and had an excellent record of resolving cases through mediation.

Bruce was married to the love of his life, Laura Gail Greenberg, for 35 years. The couple met as teenagers in Medina, Texas in 1979 at Echo Hill Ranch, where they were both camp counselors. They have two beautiful daughters, Dava and Grace (both practicing lawyers), a precious granddaughter, Eve, and step-grandson, Ben.

Outside of work, Bruce loved being with his family and friends, and spending time in the outdoors at his beloved ranch, Puerco Escondido.

Bruce was an excellent lawyer, friend, and colleague, and his infectious personality will be dearly missed.

Emerson “Buddy” Banack Jr.

Emerson “Buddy” Banack, Jr. was a legal legend whose career and service to the community were unparalleled. His accolades included a Texas Lawyer Lifetime Achievement Award, membership in the American College of Trial Lawyers, Super Lawyers and Best Lawyers in America honors and most recently the 2019 Joe Frazier Brown, Sr. Award of Excellence. The Texas legal community lost one of the greats.

Emerson “Buddy” Banack Jr., “a humble gentleman lawyer,” passed away on July 31, 2019, in San Antonio, Texas. We celebrate a lifetime of leadership, service, and love. He was born in Galveston Texas on January 11, 1938. Buddy graduated from the University of Texas School of Business in 1961, joined Phi Kappa Psi, and graduated in the top 10% at the University of Texas School of Law in 1965. He served as a Captain in the U.S. Army. He practiced his entire legal career as an attorney with the Langley & Banack law firm in San Antonio.

Buddy leaves behind his wife of 59 years, Rose Marie, his son Trey, married to Stacie Skillman Banack, his daughter Courtney, married to Chris Lynn Schultz, his grandchildren Ramsey and McKenzie Schultz, and his sister Jackie Andress and her family. He loved watching his children and grandchildren grow up and they all loved his unconditional love. His son and daughter learned how to have a great work ethic by his example, watching him read countless depositions in the backyard by the pool.

Buddy developed a deep love for the Lord as a teenager in Odessa Texas. He also learned to have a strong work ethic working in the oil fields. He first went to Hardin Simmons, serving as class president, before transferring to UT. He transferred to UT where he went on a blind date with his true love, Rose Marie. He loved practicing law, spending time with his family, playing golf, running, skiing, traveling, and watching Texas Longhorn football. He was a consummate professional and a mentor to many young lawyers in his community.

Because of Buddy’s love of law and his dedication to excellence, Buddy received many accolades during his distinguished career. Buddy was named one of the Best Lawyers in America in Litigation for 23 years as well as a Texas Super Lawyer for 12 years. He was selected as a Best Lawyer in San Antonio in Commercial Litigation by Scene in SA magazine since 2004; San Antonio’s 2009 Lawyer of the Year for Bet-the-Company Litigation; a Lifetime Achievement Award winner for the San Antonio Business Journal Best Lawyer Awards in 2010; San Antonio’s 2012 Lawyers of the Year for Construction Litigation; and the Texas Bar Association recipient of the Professional Excellence Lifetime Achievement Award winner in 2018. He has also been selected as the 2019 recipient of the San Antonio Bar Association Joe Frazier Brown, Sr. Award of Excellence.

Buddy had a strong since of civic duty and served on many boards. Buddy was a member of the Board of Governors for the Cancer Therapy Research Center for the UT Health Science Center. He served as a State Chairman of the American College of Trial Lawyers, President of the Board of Governors of Oak Hills Country Club, Chairman of the Board of Governors of the Plaza Club, Chairman of the Executive Committee for the South Texas Blood & Tissue Center, and President of the San Antonio Chapter of the UT Exes.

Rodrick Glen Ayers

Married to wife Jan, with son Roderick III and daughter Claudia, son-in-law George and granddaughter Ellie. Glen was born and raised in South Carolina. He graduated from Clemson University in 1969, received a Masters from the University of North Carolina in 1971, served in the U.S. Army from 1971-72, then graduated from the University of South Carolina School of Law in 1975. He received his LLM from Harvard Law School in 1979.

Glen served as Chief U.S. Bankruptcy Judge for the Western District of Texas from 1985-1988, practiced law in several prestigious law firms, and taught law at several law schools, including St. Mary’s University School of Law. Glen joined Langley & Banack in 1996 and has continued his bankruptcy practice as a partner for the past 21 years.

In addition to being a fine judge and attorney, Glen was our partner and friend. A true Southern gentleman, he was well-read and eager to share his knowledge and views on just about any subject. A staunch supporter of Clemson football, Glen basked in the orange glow of their national title last year. He shamelessly wore his Clemson-wear to the office on Fridays as we shared breakfast tacos and pastries. But nothing was more important to Glen than his two-year-old granddaughter, Ellie, who lovingly called him Pa-Pa.

It’s hard to admit, but Glen made bowties cool.

Glen was one of the good guys and will be missed by many.

Ralph George Langley

At the time of his death on October 16, 2003, Ralph Langley was one of this firm’s two named shareholders and still actively participated in the firm by coming into the office on a daily basis. He had been licensed to practice for sixty-six years and epitomized what every lawyer strives to be. He was an outstanding attorney who was recognized by his peers through election as a Fellow of the American College of Trial Lawyers. He served as President of the San Antonio Bar Association and as a Director of the State Bar of Texas and was one of the six founders of the School Law Section of the State Bar Association. Mr. Langley not only trained young attorneys in his own firm in the intricacies of a profession he loved, but also served as a mentor to many young attorneys in the general San Antonio community. He was a Master of the Bench in the William Sessions Chapter of the American Inns of Court and, in 1999, received the Joe Frazier Brown Award of Excellence for outstanding leadership and service to the members of the legal community and the citizens of the State of Texas.

In addition to his active service to the legal community, Mr. Langley served the San Antonio community as Chairman of the Board of the Greater San Antonio Chamber of Commerce and Chairman of the Board of the San Antonio Public Library System. He served on many Bond Study Groups for the City of San Antonio and he also served as a member of the San Antonio Charter Revision Commission. He was a charter member of the San Antonio Good Government League and was instrumental in the adoption of the Council-Manager form of government for San Antonio. Mr. Langley also served two terms as President of the Oak Hills Country Club. Since his graduation from the University of Texas School of Law in 1937, the only time that Mr. Langley did not practice law was during his service in World War II when served in the United States Army from 1941-1946. He rose from the rank of 2nd Lieutenant to Lt. Col. and received the Bronze Star for his service in the China Burma India Theater of Operations where he was Deputy Fiscal Director.

The lessons he taught were simple, but not easily forgotten. Mr. Langley espoused that hard work, preparation, and loyalty to the client were paramount virtues to be found in an effective and accomplished attorney. He taught that “zealous advocacy” was not antithetical to civility or professionalism. He desired all attorneys to be active participants in both the legal and the overall community in which they lived and practiced. Mr. Langley also recognized that a legal career did not justify a diminishment in meeting one’s obligations to family, church or fellow citizens. While it would be very difficult to equal Ralph Langley’s accomplishments, it certainly is a goal of Langley & Banack to emulate his efforts and examples.

Texas Oil & Gas Law: The Basics

Is oil and gas real or personal property?

What are the rights associated with mineral interest?

(1) The right to execute a lease (also known as the executive right)

(2) The right to receive bonus payments upon execution of an oil and gas lease

(3) The right to receive delay rentals (a right that is virtually non-existent today with the prevalence of paid-up leases)

(4) The right of ingress and egress (also known as the development right or the right to authorize use of the surface for oil and gas exploration and production activities)

(5) The right to receive royalties

Recent News

April 9, 2026, marks the 40th anniversary of Langley & Banack, Incorporated.

Shareholder Dylan Drummond was a Panelist at the Bexar County Women’s Bar Foundation LEAD Academy’s presentation of GOOD Guys

Client Alert: AI and Attorney-Client Privilege

Shareholder Sara Murray officially closed an extraordinary chapter with San Antonio Lawyer at the end of 2025

Reagan Burrus Lawyers Join Langley Banack, Strengthening Full-Service Legal Offerings in New Braunfels

John Norman Wright Petry

Otto (Skip) Stoler Good

Bruce Kirk Spindler

Emerson “Buddy” Banack Jr.

Rodrick Glen Ayers

Ralph George Langley

Texas Oil & Gas Law: The Basics

Is oil and gas real or personal property?

What are the rights associated with mineral interest?

(1) The right to execute a lease (also known as the executive right)

(2) The right to receive bonus payments upon execution of an oil and gas lease

(3) The right to receive delay rentals (a right that is virtually non-existent today with the prevalence of paid-up leases)

(4) The right of ingress and egress (also known as the development right or the right to authorize use of the surface for oil and gas exploration and production activities)

(5) The right to receive royalties

Recent News

Locations