Daniel L. Ellwood
1155 Dairy Ashford, Suite 111, Houston, Texas, 77079
Texas A & M University, B.A., summa cum laude, 1979
University of Texas, J.D., with honors, 1982. Order of the Coif.
1982, Texas, U.S. District Court, Southern District of Texas and U.S. Court of Appeals, Fifth Circuit
Oil, Gas and Mineral Law, Texas Board of Legal Specialization (1988)
State Bar of Texas (1982), Houston Bar Association; Oil, Gas and Energy Law Sections of the State Bar of Texas and the Houston Bar; Real Estate, Trust and Probate Law Section of the State Bar of Texas; Business Law Section of the State Bar of Texas; Sustaining Life Fellow of the Houston Bar Foundation.
Gonzales, Texas, August 7, 1957
Phi Eta Sigma; Omicron Delta Upsilon; Phi Kappa Phi; Order of the Coif. Speaker and Contributing Author: “Understanding Mineral Rights and Surface Issues” at the 2006 American Association of Mineral Owners Conference, “Surface and Mineral Owner Disputes – Why Can’t We Just Get Along” at the 2007 American Association of Mineral Owners Conference, “Reviewing Mineral Titles” at the 2007 Texas Title Defects and Restrictions Seminar, “Anatomy of an Oil and Gas Lease – The Rights of Lessors and Lessees” at the 2009 Texas Oil, Gas & Mineral Land Law Seminar, and “Whose Land Is It Anyway? A Primer on Adverse Possession in Texas” at the 2012 Texas Bankers Association Real Estate & Oil and Gas Conference.
Reported Cases: Texstar Resources, Inc. v. Ladd Petroleum Corporation, 809 S.W.2d 602 (Tex. App. – Corpus Christi, 1991, writ denied) (Successfully represented Ladd Petroleum Corporation and established the legal principle in Texas that non-operators do not owe fiduciary duties to operators under the 1982 AAPL model form operating agreement); Krenek v. Texstar Resources, 787 S.W.2d 566 (Tex. Civ. App. – Corpus Christi 1990, writ denied) (Successfully represented Ladd Petroleum Corporation in a case involving the application of the strip and gore title doctrine).
Martindale Hubbell Rating: Martindale Hubbell ® AV Preeminent Peer Review Rated.
Practice Description: Representing major and independent oil and gas companies, oil and gas service companies and landowners, Mr. Ellwood’s oil and gas practice experience has been broad based and varied. In addition, his practice has involved a wide range of other business and real estate transactions. Mr. Ellwood’s experience includes the following:
Oil and Gas Transactions and Acquisitions and Dispositions
The negotiation and preparation of oil and gas leases, seismic agreements, division orders, drilling contracts, joint operating agreements, farmout agreements, participation agreements, pooling and unitization agreements and declarations, gas gathering agreements, area of mutual interest agreements, gas purchase contracts, gathering and transportation agreements, division orders, assignments, conveyances, deeds, mineral deeds, reservations of surface and mineral estates, overriding royalties, production payments and working interests, surface lease agreements, facility construction agreements, equipment rental agreements, and master service agreements. Contracts for the acquisition and disposition of oil and gas properties, gas processing facilities, and gas gathering lines and facilities, letters of intent, confidentiality agreements, purchase and sale agreements, indemnity agreements, and due diligence.
Oil and Gas Financing and Collection
Review and preparation of loan agreements, promissory notes, deeds of trust, security agreements, and assignments of production, and other documents incidental to oil and gas lending activities; review and preparation of oil and gas lien affidavits and production payments.
Oil and Gas Titles and Examinations
Preparation of original drill site title opinions, division order title opinions, supplemental title opinions, mortgage commitment title opinions, and acquisition title opinions; review and preparation of various curative documents to satisfy and cure title problems, including affidavits of use and possession, affidavits of heirship, correction deeds and assignments, boundary agreements, stipulations of interest, lease amendments, and ratifications of leases and units; filing and obtaining court orders approving receiver’s leases for absentee mineral owners.
Oil and Gas Service Companies
Review and preparation of master service agreements, oil and gas lien affidavits, equipment sales agreements, equipment lease agreements.
Mr. Ellwood is experienced in commercial, residential and farm and ranch real estate matters, including negotiating and drafting earnest money contracts, contracts for deed, exchange agreements, bills of sale, deeds, financing and loan documents, easements, commercial leases, surface use leases, grazing leases and hunting leases.
Business and Commercial Transactions:
Certificates of organization, articles of incorporation, by-laws, general partnerships, limited liability companies, limited liability partnerships and limited partnerships, shareholder agreements, buy-sell agreements, confidentiality and non-compete agreements, employment agreements, articles of amendment, name changes and various corporate resolutions, purchase and sale agreements for the sale or purchase of assets or stock or ownership interests of businesses.
Oil and Gas Litigation and Bankruptcy Support
Support in oil and gas and energy litigation and bankruptcy matters, real estate litigation matters, corporate litigation matters and contract matters.
 “AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell® certification procedures, standards and policies.”