The Validity of Restraints on Alienation in an Oil and Gas Lease

27 Pages Posted: 22 Apr 2015 Last revised: 26 Aug 2021

See all articles by Luke Meier

Luke Meier

Baylor University - Law School

Rory M. Ryan

Baylor University - Law School

Date Written: April 20, 2015

Abstract

This paper explains why a restraint on alienation within an oil and gas lease should be enforceable. The reasons that privately-imposed restraints on alienation are sometimes invalidated simply do not apply to a restraint within an oil and gas lease. Rather, the relationship created by an oil and gas lease justifies enforcement of restraint clauses that have been bargained for by the landowner.

Keywords: oil and gas, lease, restraint, alienation, alienability, property, minerals, mineral estate, oil, gas, Meier, Ryan

Suggested Citation

Meier, Luke and Ryan, Rory M., The Validity of Restraints on Alienation in an Oil and Gas Lease (April 20, 2015). 64 Buffalo Law Review 305 (2016), Available at SSRN: https://ssrn.com/abstract=2596906

Luke Meier (Contact Author)

Baylor University - Law School ( email )

Sheila & Walter Umphrey Law Center
1114 South University Parks Drive
Waco, TX 76706
United States

Rory M. Ryan

Baylor University - Law School ( email )

Sheila & Walter Umphrey Law Center
1114 South University Parks Drive
Waco, TX 76706
United States

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