Where a Grantor of mineral and/or surface rights retains the Executive Rights, does the holder of those rights, The Executor, have any duty to the mineral owners? What are the benefits of holding these rights and can they be passed by heirship? Does anyone have any suggestions for a mineral owner who does not hold his/her executive rights and/or suggestions for persons holding the Executive Rights?
There is a new court case out there that did not do too much, except the fiduciary duty that the executive owner owes to the non-executive owner can occur even when an oil and gas lease is not executed, and that the executive owner may not take affirmative acts affecting the mineral estate that bring benefits to itself at the expense of the non-executive owner or otherwise impair the value of the non-executive interest.
Thanks, Buddy. That seems an interesting and seems fair judgment.