Inherited mineral rights question in PA

Ownership and Title
#1

First time poster..

Hello All,

I was so excited to find this forum. My family owned 80 acres in western PA for about 90 years. They mined coal on the land in the 1940's and 50's. The "farm" was sold about 30years ago and has been divided into about 10 parcels.

The current owners just signed leases with a major company giving them permission to drill in the Marcellus and Utica Shales. When our mother/grandmother sold the property 30 years ago, the deed states that "we retain the right to the coal and anything that supports under the surface." Does my family own the mineral rights? I read a post about a form declaring ownership, is that our first step?

Thanks!

#2

I would have to see the entire document to say but based on what you have said it would appear that you do not own any minerals, only the coal and supporting structures. There was a PA court case at some point that said the phrase "coal and other minerals" could be interpreted to apply to the Marcellus Shale, but I can't remember the case off the top of my head and it wouldn't apply in this particular situation since the wording is pretty specific to only include coal. I would recommend you have a PA oil and gas attorney take a look at the document before you proceed with anything, but most likely it is going to turn out you have no mineral rights.

#3

"PA court case at some point that said the phrase "coal and other minerals" could be interpreted to apply to the Marcellus Shale"

This is a case that will be tried before the PA Supreme Court. Right now, oil and gas are not considered a "mineral" in PA, and you would almost certainly not own gas rights. You would most likely own the rights to the coalbed methane, though.

#4