Texas Property Code 31.004 – Remedies; Costs and Fees
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(a) An owner of an overriding royalty interest who prevails in an action under this chapter may recover:
(1) actual damages;
(2) enforcement of a constructive trust on the oil and gas lease or mineral estate acquired to accomplish the washout of the overriding royalty interest; and
(3) court costs and attorney’s fees.
(b) The remedies provided by this chapter are cumulative of other remedies provided by common law or statute.
Terms Used In Texas Property Code 31.004
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Statute: A law passed by a legislature.