Snapshot

    • Land Title Examination
    • Fee, State, and Federal (BLM) Oil and Gas Lease Title
    • Complex Title Analysis and Practical Curative
    • Energy and Natural Resources Transactions and Ownership Counsel
    • Upstream Hydrocarbon Exploration and Production
    • Royalty and Mineral Companies
    • Individual and Family Landowners
    • Renewable Energy and Emerging Natural Resources (Wind, Solar, Lithium, Brine, etc.)
    • Finance background and experience working inside energy companies
    • Provides practical solutions tailored to each client’s top priorities
    • Can draft curative instruments recommended in his own opinions
    • Fluent in state and federal title record requirements
    • Takes on novel title and emerging natural resources issues
    • Strategially manages large multi-opinion projects for quality and efficiency

Details

    • University of Houston, BBA, summa cum laude
    • Southern Methodist University Dedman School of Law, JD, cum laude
      • SMU Science and Technology Law Re view, Managing Editor
      • Phi Delta Phi International Legal Honors Fraternity
  • Bar Admissions
    • Texas
  • State Bar of Texas

    Dallas Association of Petroleum Landmen

    American Association of Professional Landmen

    Foundation for Natural Resources and Energy Law

    American Bar Association

    Dallas Bar Association

    Dallas Association of Young Lawyers

Henry “Hank” Walden

Senior Associate


Hank Walden is based in Dallas, Texas, and handles title examination and transactional work for energy companies and landowners across Texas and New Mexico. Bringing the practical judgment of someone who has worked inside energy companies in the past, he builds every engagement around close communication and service that is tailored to the individual needs and specific priorities of each client.

Texas and New Mexico Title Opinions Across Fee, State, and Federal Leases

Hank prepares acquisition, drilling, and division order title opinions across every major oil and gas basin in Texas and New Mexico. Each state reads title differently, from how courts interpret deed language to community property and homestead rules, and he builds his analysis from extensive experience with the law that governs, including those specialized laws governing state and federal oil and gas leases. When his opinion flags a defect, he can often draft the curative instruments himself, so the attorney who prescribes the fix can also be the one who delivers it.

Practical Solutions and Efficient Management of Large Title Projects

A finance background and time working inside regional and multinational energy companies allow Hank to identify and appreciate the gap between a remedy that only works on paper and one that a client can actually implement. If a traditional solution isn’t realistic, he designs a more workable, less burdensome alternative. When managing large projects involving many tracts and opinions, he strategically assigns work to attorneys who already have experience in the area so that the work across the overall project is consistently high-quality and completed faster and at lower cost.

Unsettled Legal Questions and Emerging Natural Resources Development

Hank enjoys working through unique issues where standard industry practices aren’t yet set. With the advent of new rapidly developing technologies – such as multi-mile laterals that are now often drilled across dozens of tracts, partially overlapping legacy JOAs, and old pooled units – the law has struggled to keep up and leaves many new legal questions unanswered. Hank walks clients through the risks that arise from these questions and how best to minimize or eliminate those risks. His experience also extends to wind and solar development, lithium exploration, brine leasing, and produced water rights, where aspects of resource ownership and associated rights are often up for legal debate and vary by state.

Energy and Natural Resources Transactions and Ownership Counsel

Hank’s work reaches past title into the transactions and development operations that depend on it. He represents both energy companies and individual landowners, advising them on and negotiating:

  • Oil and gas leases, purchase and sale agreements, and farmouts
  • Joint operating agreements, pooling agreements, and royalty sharing agreements
  • Wind and solar leases and brine/lithium leases
  • Surface use agreements, rights-of-way, and easements
  • Various other related land agreements

Also, when a client inherits land rights, Hank ensures those rights are properly vested through the necessary deeds and filings and helps the client decide whether to keep, sell, or transfer them. Owning land rights and minerals isn’t a sit-and-collect proposition, so he takes first-time owners through the considerations involved in managing those rights and coordinates with estate planning counsel when planning questions arise.

“A remedy that only works on paper doesn’t help anyone. I find out what the client can really do, and we build the solution from there.”

Experience

Assisted in management of title examination in connection with a $1.6 billion acquisition of 18,500 net acres in Texas and New Mexico.


Prepared hundreds of oil and gas acquisition, drilling, and division order title opinions examining title to lands across Texas and New Mexico, and negotiated and drafted many related transactional agreements, including curative instruments.


Represented and advised landowners in the negotiation of oil and gas leases, wind leases, solar leases, easements, rights-of-way, surface use agreements, lithium-brine leases, etc.


Drafted the template lessee-friendly oil and gas lease to be used by a large exploration and production company throughout Texas.


Performed due diligence, prepared surface title opinions, and undertook curative work for the multi-million-dollar development of saltwater disposal wells and pipeline networks in the Permian Basin.


Advised family trustee on the divestment of minerals and drafted the necessary conveyances of said minerals, covering thousands of acres in eleven counties in Texas, New Mexico, and Oklahoma.


Counseled heir (devisee) and first-time mineral owner regarding management of mineral rights and drafted filed necessary instruments to properly vest the ownership of said minerals, covering hundreds of acres across thirteen counties in Texas and Oklahoma.


Conducted land title due diligence in service of a client-lender’s evaluation of land ownership prior to issuance of a loan secured by said land.


 

Presentations & Publications

Contributor, “Life Tenants and Remaindermen: What’s Mine is Mine and What’s Yours is Mine, Too,” Permian Basin Landmen’s Association 2018 Spring Education Seminar & Permian Basin Association of Division Order Analysts 2018 Annual Education Seminar.


Coauthor, CDP or CAP? A Critical Fork in the Road in Tax Dispute, J. TAX PRAC. & PROC., Oct.–Nov. 2017, at 35.