Oil & Gas Litigation

The biggest oil boom in the history of Texas is going on right now. We have clients in the heart of both the Eagle Ford Shale and the Permian Basin who count on us to help them when problems arise. From ejecting unscrupulous operators, to terminating unproductive leases, clearing title, and recovering underpaid royalties and damages, we have the skills and contacts to help you through this interesting, and very dynamic area.

Real Estate Litigation

Real Estate Litigation is a broad area of trial work that centers on title and land use issues. As you can see by the list of our published articles, easement litigation represents a significant part of our experience. Most people think that a piece of property cannot be landlocked. This is not true in Texas. While unusual, it does happen. The courts have developed several theories dealing with non-adjudicated easements. Knowing them and being experienced in the development of evidence, whether supporting or refuting such theories, is the key to winning that type of case. Other issues ranging from competing ownership claims to the same piece of ground–what Texas calls Trespass to Try Title, to Adverse Possession and Boundary Disputes all are our stock-in-trade.

Probate Litigation

Probate Litigation is one of the singularly most challenging areas of the law. Because Texas has adopted its own (and rather unique) Probate Code, a thorough knowledge of the ins and outs of this quirky set of laws is essential. Whether a will contest pitting rival wills or alleging a lack of testamentary capacity, or prosecuting or defending legal matters left hanging at the time of death, or all too often trying to deal with the consequences diminishing mental capacity, Probate Litigation can be a minefield for the unwary or untrained.

Fiduciary Litigation

Fidiuciary Litigation typically involve some acts or alleged bad acts by Trustees, Executors or other persons in whom special trust has been placed. This may include a failure to disclose, to properly account for, or distribute property or money that is being held in a trust or descendant’s estate.

To quote Tony Soprano, we “made our bones” in Real Estate, Probate and Fiduciary Litigation; and because we enjoy the complexity and mental stimulation we get from working these type of cases. Davis & Byrd focuse their practice to Litigation in these areas. We are available to bring together knowledge, skills and experiences in rural Texas counties and with their citizens for you or your clients.

Other Practice Areas:

          Business Litigation
          Basic Estate Planning and Probate Administration
          Family Law