In Harrison v. Bass Enterprises Production Co., 888 S.W.2d 532 (Tex.App.-- Corpus Christi 1994, no writ), a non-participating royalty owner claimed fraudulent concealment against the well operator in his action to recover unpaid royalties because the operator did not inform him that he had a cause of action against the operator.
The court found that no relationship of trust was demonstrated such as to create a duty on the part of the operator to disclose the existence of a cause of action. Id. at 537.
Moreover, the court said there was evidence of a report in the royalty owner's files showing continuous production which was enough to put him on notice that his interest had been perpetuated by production. Also, an inspection of his own records would have shown that he was receiving no royalty payments. A non-participating royalty owner is charged with the duty of protecting his own interests. Id. at 538.