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HEYGOOD, ORR, REYES, PEARSON & BARTOLOMEI
2331 W. Northwest Hwy., 2nd Floor • Dallas, TX 75220 • Phone: 214.526.7900 • Fax: 214.526.7910 • Toll-Free: 877.308.7900
HEYGOOD, ORR, REYES, PEARSON & BARTOLOMEI
2331 W. Northwest Hwy., 2nd Floor • Dallas, TX 75220 • Phone: 214.526.7900 • Fax: 214.526.7910 • Toll-Free: 877.308.7900
Mountain Lakes Ranch
Mountain Lakes RanchCause No. CV-28006; Betty Yvon Lesley, et al. vs. Bluegreen Southwest One, L.P., et al.; In the 266th Judicial District Court of Erath County, Texas
The Plaintiffs in this case are prior owners of the land where Mountain Lakes Ranch is located. The Plaintiffs sold their land and it was thereafter acquired by the Developer of Mountain Lakes Ranch. When the Plaintiffs originally sold the land, they retained a portion of the mineral rights, but transferred the surface and executive rights.
Executive rights are the rights to make decisions regarding the property. When the developer sold the lots, he transferred to the lot owners the remaining portion of the mineral rights and the surface and executive rights. Each lot owner owns the executive rights and a portion of the mineral rights. Thus, in a sense, each lot owner is in the same position as the Plaintiffs.
Where there has been a complete severance of minerals from the surface ownership, the mineral estate is the dominant estate and the surface estate the sub-servient estate. The dominant mineral estate has the right to use as much of the surface as is reasonably necessary to exploit the minerals under the land but these rights must be exercised with due regard for the rights of the surface owner. The question in this instance is whether there has been a complete severance of the mineral interests from the surface ownership given that the lot owners own the executive rights. Also, if there has been a complete severance, the question is what level of surface disruption is reasonable.
We want to help our clients receive the benefit of their mineral rights ownership without sacrificing too much in terms of the surface use and enjoyment. Our firm is representing many lot owners in Mountain Lakes Ranch in connection with this lawsuit. Because we intend to represent numerous lot owners, we are able to pass on the economies of scale to our clients. In this regard, we are willing to represent lot owners for a flat fee of $500.00, plus 5% of any income or revenue received by them in connection with any mineral lease that may be signed.
Our representation of lot owners includes, without limitation, the following:
1. File an answer to the lawsuit;
2. Monitor the lawsuit;
3. Keep you updated in writing as to the status of the lawsuit;
4. Advise you of any decisions that need to be made in connection with the lawsuit and provide you our advice regarding same;
5. Protect your rights within the limits of the law.
To learn more about your rights, please contact one of our attorneys and find out what your case is worth.
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