Questions remain regarding probate transfers as savings events under ODMA

Ohio’s first producing oil well was drilled in 1860. As production increased over time, oil and gas ownership rights became more valuable, and many historical real property owners began to sever those rights from the surface of their real property. These severed oil and gas rights were often passed down from generation to generation, by testate or intestate succession, leading to fractional ownership interests. It became increasingly difficult and burdensome…

Is a title opinion subject to attorney-client privilege?

With the growth of civil lawsuits in the Marcellus Shale Region regarding oil and gas ownership, oil and gas leases, and other property rights, it is pertinent to understand the protections afforded to title opinions under the applicable attorney-client privileges. Application of the attorney-client privilege requires that confidential communications be made in connection with providing legal services. A title opinion is the written opinion of an attorney, based on a…