The Validity of Restraints on Alienation in an Oil and Gas Lease
27 Pages Posted: 22 Apr 2015 Last revised: 6 May 2015
Date Written: April 20, 2015
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
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