Supreme Court of Arkansas

Desoto Gathering Company, LLC v. Janice Smallwood

January 14, 20102010 Ark. LEXIS 14

Summary

The court held that the pipeline company did not trespass by entering the leased property under a valid right of way and the mineral lessee's right to reasonably use the surface for mineral development. The residential lease expressly subordinated the lessee's interest to encumbrances placed by the lessors, and the lessee's consent therefore was not required. The court reversed the judgment and remanded with instructions to dissolve the mandatory injunction.