tions for his clients. Prior to joining Oliva Gibbs, Josh served as the Head of Trust Real Assets & Mineral Re- sources at a major bank, giving him a unique perspective that allows him to approach complex issues with creativ- ity and innovation. Clients appreciate Josh’s commitment to providing ex- ceptional service and trust him for a range of matters, in- cluding due diligence, operational issues, and title opin- ions. Josh has built a reputation for being practical and car- ing. He is passionate about his work and also dedicated to his family, which includes a sweet (yet sometimes defi- ant) toddler. Fun family fact about Josh – he has an iden- tical twin brother who is also an attorney! In his free time, Josh enjoys reading, playing racquet- ball, and exploring new activities like the reinvigorated craze of pickleball. EDUCATION J.D. Texas Southern University, Thurgood Marshall School of Law B.B.A., Business Administration, Texas State University BAR ADMISSIONS Texas PRACTICE AREAS Oil and Gas Title Opinions Oil and Gas Contracts Oil and Gas Transactions Contract Review
comes have earned her a reputation for providing excep- tional client service. In addition to her legal practice, Ally frequently con- tributes thought leadership to the energy law field through articles and presentations at prominent industry events. 2024 Pennsylvania Super Lawyers Rising Star, Energy & Natural Resources list by Super Lawyers, a division of Thomson Reuters. EDUCATION J.D., Duquesne University School of Law B.S., University of Pittsburgh BAR ADMISSIONS Pennsylvania PRACTICE AREAS Acquisitions and Due Diligence Conveyancing and Curative Oil and Gas Litigation Oil, Gas and Mineral Transactions
Surface Use Title Matters
Josh Peterson
Phone : 713.229.0360 Email : jpeterson@oglawyers.com
Josh has over a decade of experience in the oil and gas industry and draws on both his legal and corporate background to provide practical and cost-effective solu-
“After Acquired Title” to Remain a Caged-Bird after Dellit v. Schleder, 2022 MT 196, 518 P.3d 830 By Lance Walker, Oliva Gibbs LLP
deed and thereby greatly simplify land titles for all Montanans. Dellit is a case of two competing statutes. Where one statute is given almost infallible reverence—while the other is kicked to the curb like yesterday’s trash. The first one for whom we speak is Section 70-1-516, MCA stating that the general rule of deed interpretation is that “[a] grant is to be interpreted in favor of the grantee, except that a reservation . . . is to be interpreted in favor
“No one has a vested interest in any rule of common law.” Meech v. Hillhaven W. , 776 P.2d 488, 494 (Mont. 1989). Luckily the Montana legislature has codified the common law rule of after-acquired title as a remedy for a grantor’s breach of warranty in a deed for failure to deliver a complete title. [1] However, this rule continues to remain a caged-bird after the Montana Supreme Court’s ruling in Dellit v. Schleder, 2022 MT 196, 518 P.3d 830. Consequently, the court missed an incredible opportunity to bring clarity to the enforcement of title covenants in a
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G rowth T hrough E ducat i on - J anuary / F ebruary / M arch 2025
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