(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.

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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.