Does Pennsylvania use the Duhig Rule?
Pennsylvania courts have not expressly adopted the Duhig Rule, but the cases suggest they would do so.
In a PA Title Search chain, a percentage of mineral rights went to the current surface owner with the reason stating the “Duhig Rule would apply” - but I haven’t seen anything that states Duhig Rule is the law in PA.
Do you think the title search logic may not be valid?
The answer would lie in a court of competent jurisdiction in PA to determine the intention of the parties, applying the various rules of construction that Pennsylvania courts have heretofore adopted.
That is my best non-answer in years.
Best
Buddy Cotten
As I recall from my work in Pennsylvania, yes, the Courts there follow Duhig. And you wouldn’t necessarily find a statute saying so, it might just be from the case law.
sounds good to me!